What is an adversary proceeding?

An adversary proceeding is a legal action within a bankruptcy case, and is initiated by one of the parties involved in the case. In Kansas, an adversary proceeding is a lawsuit that occurs when a creditor, the debtor, or the trustee has an issue with another party in the bankruptcy case. In an adversary proceeding, the filing party is usually called the “Plaintiff”, and the party suing is referred to as the “Defendant.” During an adversary proceeding, a plaintiff will usually raise issues such as fraud, nondischargeable debt, or an objection to a discharge. After a complaint is filed, the defendant has an opportunity to respond and provide an answer. After both sides have had the chance to present their evidence, the judge will decide the issue, and the outcome will have an effect on the overall bankruptcy case. Adversary proceedings can be complex and difficult, which is why they are usually handled by a bankruptcy lawyer. If one of the parties involved in a bankruptcy case attempts to handle an adversary proceeding without the help of a bankruptcy attorney, they are putting themselves at a significant disadvantage.

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