Bankruptcy Adversary Proceedings

In some cases filing for bankruptcy does not prevent the discharge of a debt provided the creditor files and wins an adversary proceedings. An adversary proceeding is a separate lawsuit as part of a bankruptcy petition that generally seeks to keep certain debts from being discharged. The common grounds for an adversary proceeding are false applications to obtain credit, or taking large amounts of credit within a few months of filing a bankruptcy petition. In these instances the creditor can attempt to keep that debt from being discharged due to the fraudulent conduct of the debtor. In many cases a bankruptcy attorney can determine if you are at risk of having a creditor file an adversary proceeding in your case.