Monmouth County Bankruptcy Adversary Proceeding Attorney
On rare occasions, a creditor or a Trustee may file adversary proceeding against a Debtor. An adversary proceeding begins with the filing of an adversary complaint alleging improper or wrongful conduct by the Debtor or someone connected to the Debtor. The adversary complaint begins a separate “sub case” in the main bankruptcy case. Although there are many types of adversary complaints that may be filed in a bankruptcy case, some of the common ones include: complaint to deny the debtor’s discharge, complaint alleging a preference, a fraudulent transfer of assets, and/or a complaint alleging a preference payment (an improper payment made to a creditor). Just as in other litigation matters, a Debtor must defend against the adversary complaint filed or a default judgment may be entered to the detriment of the Debtor.