Legal Question in Bankruptcy in California

fraud and Bk

My son [who recently filed for BK]is being sued in civil court for fraud/intentional misrepresentation involving a construction dispute. THe Bk has placed a stay on the proceedings. However, the plaintiff has filed an adversary proceeding.

2 questions:

What is involved in an adversary proceeding? Is it like a regular trial?

Can my son file a motion to have the proceeding dismissed? and what woudl he have to file


Asked on 3/07/08, 9:07 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: fraud and Bk

Your son has to file an answer to the adversary action within the time limit specified.

If fraud is proven, the debt might not be dischargeable. The proceedings probably will move along more quickly than the civil case. As your question implies, you and your son are unsure of how things are to proceed. Rather than rely on my colleagues' and my general advice, it might be wise to obtain the assistance of a lawyer who handles these kinds of matters in bankruptcy.

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Answered on 3/07/08, 10:53 am


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