Legal Question in Bankruptcy in California

Re: Bankruptcy - Adversarial Filing

You are correct, it is just like a civil action. If you are going to represent yourself, you need to acquaint yourself with the Bankruptcy Rules of Proceedure, and the court's own Local Rules. You should easily find those on the Web. Also, the judge might even have some special rules applicable to just that one courtroom. You can find any special instructions and special rules for that judge on the web site for the bankruptcy court where the case was filed. Of course, it would be best for you to have a lawyer, if financially possible. Good luck.

Re: Bankruptcy - Adversarial Filing

You are essentially correct in that an adversary proceeding is very much like a civil action. The Federal Rules of Civil Procedure and Federal Rules of Evidence apply and there is no jury trial. The bankruptcy judge with hear the case and decide the matters.

The most common type of adversary proceeding is when a creditor alleges that you borrowed money without the intent to repay it. They are basically asking the court to carve out an exception to your discharge.

The procedures are somewhat different in bankruptcy court and you need to make sure that you file a timely response to the adversary proceeding. If you need assistance, please feel free to contact me office.