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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 Hawaii, 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 by filing a complaint with the bankruptcy court to address specific issues that cannot be resolved within the main bankruptcy case. Common purposes of adversary proceedings include recovering money or property, determining the validity, extent, or priority of liens, deciding on the dischargeability of particular debts, seeking injunctive relief, or obtaining a declaratory judgment regarding certain aspects of the bankruptcy. The outcomes of these proceedings can significantly impact the rights of the debtor and creditors in the bankruptcy process. It's important to note that while the FRBP provides a federal procedural framework, local rules and practices of the bankruptcy court in Hawaii may also influence the conduct of adversary proceedings.

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Bankruptcy

adversary proceeding

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Hawaii State Code

Hawaii State Code

Bankruptcy

adversary proceeding

Articles