Adversary proceedings · Beverly Hills
Adversary Proceeding Defense in Beverly Hills When a Creditor Sues in Your Case
Adversary proceeding defense in Beverly Hills protects your discharge when a creditor or trustee files a lawsuit inside your bankruptcy. If you were served with a summons and complaint, call (310) 362-9071 today. You usually have about 30 days from the date the summons was issued to respond.
- A creditor says a debt should not be discharged
- The trustee or U.S. Trustee objects to your whole discharge
- The trustee sues to recover a transfer or payment
What an adversary proceeding is
An adversary proceeding is a full lawsuit filed inside a bankruptcy case. It has its own case number, a summons, a complaint and deadlines, and it can end in a trial before the bankruptcy judge.
- Nondischargeability claims. A creditor argues that its debt was based on fraud, a false financial statement, recent luxury purchases or cash advances, or a willful injury, so it should survive the bankruptcy.
- Objection to discharge. The trustee or U.S. Trustee argues you should get no discharge at all, often over undisclosed assets or false statements.
- Recovery actions. The trustee sues to get back payments or transfers made before filing.
How we defend you, step by step
- Calendar the deadline. We confirm the date the summons was issued and your deadline to respond.
- Review the complaint. We test whether the creditor filed on time and whether the facts alleged meet the legal standard.
- Respond. We file an answer, or a motion to dismiss when the complaint is defective.
- Gather your evidence. Bank records, applications, emails and your timeline often decide these cases.
- Discovery and settlement. Many adversary cases settle once the facts are exchanged. We negotiate when it protects you.
- Trial if needed. If the case does not settle, we try it before the bankruptcy judge.
Cost and timeline
Adversary proceedings are litigation, so they cost more than filing a case. You get our fee arrangement in writing after we review the complaint.
Many cases resolve within several months. Cases that go to trial can take longer. Your main bankruptcy case usually continues while the adversary proceeds.
Adversary proceedings in the Los Angeles Division
Adversary proceedings in cases from Beverly Hills and most of Los Angeles County are heard in the Los Angeles Division of the U.S. Bankruptcy Court, Central District of California, at 255 East Temple Street. The court requires early status reports and follows its own local rules for discovery and trial. Each judge sets their own procedures, which we follow closely.
Creditors must usually file a nondischargeability complaint within 60 days after the first date set for your 341 meeting. A complaint filed late is a strong defense, so the dates matter.
Mistakes to avoid
- Ignoring the summons. If you do not respond, the creditor can win by default.
- Talking to the creditor's lawyer alone. What you say can be used in the case.
- Throwing away records. Keep every statement, application and receipt.
- Assuming it is hopeless. Many complaints have weak spots in timing or proof.
Related services
Business owners often face these lawsuits, so read about business bankruptcy in Beverly Hills. If a creditor sues after your case closed, see reopening a bankruptcy case.
Adversary proceeding questions
How long do I have to respond to an adversary complaint?
You usually have 30 days from the date the summons was issued to respond to an adversary complaint, not 30 days from when you received it. Call right away so we can calendar the exact date.
Can a creditor stop my whole discharge?
A creditor can usually only ask that its own debt survive. Objections to your entire discharge are rarer and usually come from the trustee or the U.S. Trustee, often over hidden assets or false statements.
Will my credit card company sue me in bankruptcy?
Most credit card companies do not sue in bankruptcy. The risk rises with large charges or cash advances made shortly before filing. We review recent charges before filing to lower that risk.
Can adversary cases be settled?
Yes, many adversary cases settle, often for less than the full debt. A settlement can avoid the cost and risk of trial. We advise you on any offer before you accept it.
Free consultation
Respond before the deadline
Call (310) 362-9071 or send the form. Have the summons and complaint in front of you when you call.
Law Offices of John Asuncion9454 Wilshire Blvd., Penthouse Floor
Beverly Hills, CA 90212
(310) 362-9071
Monday to Friday, 9 a.m. to 6 p.m.