Select your state

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 New Mexico, 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 through the bankruptcy case itself. Common matters addressed in adversary proceedings include the recovery of money or property, determination of the validity or priority of liens, the dischargeability of certain debts, requests for injunctions, and seeking declaratory judgments. The outcomes of these proceedings can significantly impact the rights of the parties involved in the bankruptcy case. As federal law governs bankruptcy, the procedures and rules applied in New Mexico are consistent with those applied in federal bankruptcy courts across the United States.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Bankruptcy

adversary proceeding

Individual & Family Legal Plan

Articles

New-Mexico State Code

New-Mexico State Code

Bankruptcy

adversary proceeding

Articles