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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 Wyoming, 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 process but require a separate hearing and determination by the bankruptcy court. Common issues addressed in adversary proceedings include attempts to recover money or property, challenges to the validity or priority of liens, determinations regarding the dischargeability of certain debts, and requests for injunctions or declaratory judgments. These matters are important for the administration of a debtor's bankruptcy estate and can significantly impact the rights of creditors, the debtor, and other parties in interest. The outcomes of adversary proceedings can determine the extent of the debtor's discharge, the distribution of assets to creditors, and the overall resolution of the bankruptcy case.

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Bankruptcy

adversary proceeding

Individual & Family Legal Plan

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Wyoming State Code

Wyoming State Code

Bankruptcy

adversary proceeding

Articles