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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 South Carolina, 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's administrative process. Common matters addressed in adversary proceedings include efforts to recover money or property, disputes over the validity or priority of liens, questions regarding the dischargeability of certain debts, requests for injunctions, and petitions for declaratory judgments. The outcomes of these proceedings can significantly impact the rights of the parties involved, including the debtor and creditors. It's important to note that while federal rules provide the framework, local bankruptcy court rules in South Carolina may also apply to the specifics of filing and conducting an adversary proceeding.

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Bankruptcy

adversary proceeding

Individual & Family Legal Plan

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South-Carolina State Code

South-Carolina State Code

Bankruptcy

adversary proceeding

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