Legal Question in Bankruptcy in California

How to file Objection to Discharge of Debt/Adversary Proceeding in N. California

I am an unsecured creditor in a Chapter 7 bankruptcy being handled by the Oakland CA (Northern California) bankruptcy court. The debts due to me arise from: (1) An Employment Agreement signed between the Chairman of the Board of the debtor and myself; (2) Non-payment of final wages including accrued vacation, and; (3) Penalties of one month's wages due under California State Labor Code in the case of non-payment of wages.

The total debt arising from the above is about $150,000.00.

I want to object to the discharge of debt in my case, especially or at least that part that relates to non-payment of my wages and the penalty arising from this non-payment under state labor code.

How do I begin this adversary proceeding? More specfically:

What forms do I file?

What standard legal documents must I create, whom do I submit them to, and what fees may i expect?

What other information must I provide?

How do I follow through after serving/filing?

How do I serve these papers and to whom?

I'd really like some help here. While I understand the situation of my former employers, I am pretty upset by the discharge of wages and Labor Code penalties. Thanks for taking the time to respond. Yours,

John


Asked on 12/11/02, 10:01 am

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: How to file Objection to Discharge of Debt/Adversary Proceeding in N. Califo

Thanks for your inquiry. You can find the rules and procedures for adversary actions at the Northern District website, located at:

http://www.canb.uscourts.gov/canb/Documents.nsf/d1b2f9e9e38b74448825671d0066647b/7051fe6badbcf198882567300067cd45?OpenDocument

You can also find the general rules at Bankruptcy Rules section 7003-1, et seq.

Except for the summons, there are no forms for a bankruptcy adversary complaint. The complaint must have certain required allegations regarding what code sections you are relying upon to establish dischargeability, and about jurisdiction.

Fees for filing are currently $150.00, and service is normally done via mail at the debtor's address of record with the court.

Please be aware that there is a strict time within which you must file an adversary complaint. If you missed that timeline, you may be barred from filing at all, unless you can file a motion with the court allowing permission to file for very strict reasons.

Best of luck.

Read more
Answered on 12/11/02, 1:36 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in California