I jumped into a case that I probably shouldn’t have because I’m broke and need the hourly charges. Now I’m stuck. I’ve handled simple bankruptcy matters, but I’ve never done an adversarial proceeding or been to trial before. I’m confident I can do right by the client since the opposing party is representing themselves and seems like one of those ‘sovereign citizen’ types, but I have no clue where to start.
How does a creditor’s attorney handle filing adversarial proceedings against a debtor who’s lied on their bankruptcy petition and schedules? Also, what are the common objections to a Chapter 7 confirmation?
Hey, welcome to the forum! Just a heads-up, this space is for lawyers to discuss the practice of law with each other. If you’re looking for legal advice, this isn’t the right place, but feel free to check out other legal forums for that kind of help.
I’d suggest reaching out to your local bankruptcy bar. Even though procedures are similar, every court has its own quirks. I’ve caught a few creditor’s attorneys off guard just because they weren’t familiar with the local rules. My advice? Get a co-counsel. You can learn a lot from someone with more experience in this area.
Shoot me a DM, and I’ll send you a sample complaint. I had a case where I filed an adversary proceeding against a debtor who left out a future interest on their schedules. Sounds like your situation might be similar.
If you’re trying to deny the debtor’s discharge, you can file an adversary proceeding under 11 USC 727. False statements can be grounds for this.
If you want to dismiss the whole case, that can be done under 707, but it’s rare and difficult to win. Plus, dismissing a Chapter 7 may not always be worth it, and this would be done through a motion, not an adversary.
You could try to except a particular debt from discharge under Section 523, but you’ll need to satisfy some pretty specific criteria, and if you’re not familiar with that, you’ll need to do a good bit of research before filing.
Also, make sure you know the deadlines for filing an adversary proceeding because they’re strict. You mentioned ‘confirmation’ in a Chapter 7, but there’s no such thing as confirmation in Chapter 7, which makes me think you’re a bit lost here. Bankruptcy court is its own beast, and even experienced state court attorneys often struggle in this setting. Tread carefully if you’re not familiar with how things work here.
Mika said:
I jumped into a case that I probably shouldn’t have because I’m broke and need the hourly charges. Now I’m stuck. I’ve handled simple bankruptcy matters, but I’ve never done an adversarial proceeding or been to trial before. I’m confident I can do right by the client since the opposing party is representing themselves and seems like one of those ‘sovereign citizen’ types, but I have no clue where to start.
How does a creditor’s attorney handle filing adversarial proceedings against a debtor who’s lied on their bankruptcy petition and schedules? Also, what are the common objections to a Chapter 7 confirmation?
Make sure to look into the local rules and procedures for your court. Bankruptcy court can be very technical. I agree with others—get a co-counsel who knows the ropes and learn from them. Reach out to your alumni network or local bar association if you need recommendations. Mentorship programs can also help you get in touch with experienced attorneys.
Mika said:
I jumped into a case that I probably shouldn’t have because I’m broke and need the hourly charges. Now I’m stuck. I’ve handled simple bankruptcy matters, but I’ve never done an adversarial proceeding or been to trial before. I’m confident I can do right by the client since the opposing party is representing themselves and seems like one of those ‘sovereign citizen’ types, but I have no clue where to start.
How does a creditor’s attorney handle filing adversarial proceedings against a debtor who’s lied on their bankruptcy petition and schedules? Also, what are the common objections to a Chapter 7 confirmation?
If you’re dealing with a sovereign citizen, check out the subreddit for that. You can probably find a bunch of dockets and review some filings to see how others have handled similar cases.