The Bankruptcy Code provides for several various types of bankruptcy cases, depending on the nature of the debtor and the relief sought. These types are based upon the chapter of the Bankruptcy Code under which they are brought: Chapter 7 (liquidations), Chapter 11 and Chapter 13 (reorganizations), etc. A bankruptcy case is started by the filing of a petition under a certain chapter of the Bankruptcy Code.

The Bankruptcy Code and the Federal Rules of Bankruptcy Procedure make strong distinctions between a bankruptcy “case” (a petition for relief filed under a particular chapter of the Bankruptcy Code), and an adversary proceeding arising within a bankruptcy case. The term “adversary proceeding” as used in the Bankruptcy Code and the Bankruptcy Rules is broad and encompasses matters raised by motion, complaint, and otherwise.

Adversary proceedings generally include causes of action that either are created by the Bankruptcy Code or that relate to the administration of a bankruptcy estate.

Examples of adversary proceedings include objections to confirmation of a plan of reorganization, and objections to discharge, or the dischargeability of certain debts (a case typically brought by a creditor). Adversary proceedings also include claims asserted by the bankruptcy estate against third parties, motions seeking to obtain possession of certain property belonging to the estate, and the determination of the extent and validity of liens.

The attorneys of John R. Foley, P.C. have experience in representing creditors in such actions against debtors, estate, and third parties, and in defending third parties in such actions. Our attorneys have an in depth knowledge of the bankruptcy litigation process, having represented not only debtors, creditors, and third-party defendants, but also having represented Trustees in the administration of estates, and the pursuit of adversary claims on behalf of the Bankruptcy Estate.