Legal Question in Bankruptcy in California

Bankruptcy - Adversarial Filing

I filed a chapt 13 to save my house, then when I couldn't make the payments I converted to a chapt 7 with no assets and ket the house go. I've had my 341 meeting.

I just found out that an adversarial filing has been filed to prevent discharge of one of my other creditors.

How long does this delay the discharge and what happens next?


Asked on 1/26/09, 9:19 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Bankruptcy - Adversarial Filing

In most cases it, won't delay your discharge at all with the exception of any debts where a creditor files and AP. The standard discharge order states that it does not apply to "Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged".

In the few cases where a creditor does file an Adversary Proceeding to object to the discharge, it is usually only seeking to prevent a discharge of a particular debt. In only one creditor files an AP, then you should be a discharge of all debts except the one listed in the AP. The court's ruling on the AP will determine if the debt is discharged.

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Answered on 1/26/09, 9:33 pm


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