Legal Question in Bankruptcy in California
Adversary proceeding
If I file a bankruptcy, but anticpate having an adversary proceeding filed againt me for a pending lawsuit involving contractual fraud, can I request that the matter is heard in bankruptcy court to determine the dischargeability of the debt BEFORE the adversary proceeding is filed?
Asked on 9/23/07, 3:38 am
1 Answer from Attorneys
Brian Whitaker
Lifeline Legal, LLP
Re: Adversary proceeding
Why would you want to do that?
If they fail to timely file their AP in the bankruptcy court (which is the only court empowered to determine dischargeability), the debt is discharged (assuming they were properly noticed).
Answered on 9/24/07, 2:31 am
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