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Bankruptcy

adversary proceeding

An adversary proceeding is the bankruptcy court’s version of a complaint or petition in civil litigation. The adversary proceeding is governed by Federal Rule of Bankruptcy Procedure (FRBP) Rule 7001 and among other purposes, is a proceeding to recover money or property, or determine the validity or priority of a lien, or determine the dischargeability of a debt, or to obtain an injunction, or to obtain a declaratory judgment.

In Alaska, as in all states, adversary proceedings in bankruptcy are governed by the Federal Rules of Bankruptcy Procedure (FRBP), specifically Rule 7001. These proceedings are akin to civil lawsuits within the context of a bankruptcy case. They are initiated to resolve disputes that are related to the bankruptcy case but require a separate hearing and determination. Common issues addressed in adversary proceedings include the recovery of money or property, determination of the validity or priority of liens, the dischargeability of debts, requests for injunctions, and the issuance of declaratory judgments. Since bankruptcy is under federal jurisdiction, the procedures and rules for adversary proceedings are consistent across all states, including Alaska. Local bankruptcy courts may have additional local rules that complement the FRBP and provide further guidance on how these proceedings are to be conducted within the district.

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Bankruptcy

adversary proceeding

Individual & Family Legal Plan

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Bankruptcy

adversary proceeding

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