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  • Writer's pictureDaniel Rodriguez

What are adversary proceedings?

What situations call for adversary proceedings? According to FRBP 7001, the following circumstances could necessitate adversary proceedings:

  1. Recovering money or property

  2. Determining the priority, extent or validity of liens or interest

  3. Seeking sale approval for the interest or co-ownership of a property or estate

  4. Determining if a specific debt is dischargeable

  5. Gaining injunctions or other forms of equitable relief

  6. Subordinating allowable claims and interests

  7. Acquiring declaratory judgments

  8. Defining removal of a claim or cause of action Still, other factors could be in play based on the case details. Typically, legal counsel could help determine if a case requires adversary proceedings.

Bankruptcy procedures are complicated Some individuals have no other option but to file for bankruptcy. However, the process could be complex and cause additional stress. Researching and consulting legal professionals could be crucial during this period. Doing so could help them navigate requirements and procedures while addressing issues as they arise.

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