Legal Question in Bankruptcy in California
Adversary proceeding
On January 29, 2008 my chapter 7 discharge was granted. On January 22, 2008 a creditor filed an adversary proceeding on January 22, 2008. They were included in the bankruptcy. Can they still do this. I received on November 12, 2007 a letter from the bankruptcy court stating ''notice of filing no distrubtion, combined with order fixing deadline to object therto 12/21/2007. Are they past the time to file. Is that why I received my discharge order or is their adversary proceeding still valid?
2 Answers from Attorneys
Re: Adversary proceeding
The creditor has 60 days from the date of the first meeting of creditor to file an adversary proceeding to object to your discharge. The deadline was also listed on the notice of case commencement mailed out by the bankruptcy court.
You need to consult a local bankruptcy attorney ASAP to discuss how you should respond. Failure to respond in a timely fashion could result in a denial of a discharge with respect to the particular debt that is the subject of the adversary proceeding.
Re: Adversary proceeding
If the AP was filed timely (we can't tell from your facts) it is a separate case and does not affect your discharge of all dischargeable debts. You would have received your discharge order whether the AP was timely or not.
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