Generally, a “proceeding” in a Bankruptcy Case refers to a litigated controversy which can be either a contested matter that falls under the Bankruptcy Rule 9014 or an “Adversary” proceeding under Bankruptcy Rules 7001 – 7087. An adversary is basically a lawsuit filed in the Bankruptcy case. Contested matters generally deal with “Motions” within the main Bankruptcy case.
Types of matter that might be dealt with by either an “Adversary” proceeding or a “Contested” matter could be things such as:
- Proceedings affecting the liquidation of assets.
- Matters involving the sale of property of the estate.
- Confirmation of reorganization of Chapter 13 Plans.
- Determination of the priority, validity, and extent of liens.
- Objection to discharge.
- Determination of the priority, validity, and etent of liens.
- Object to discharge.
- Determination of dischargeability of a particular debt.
- Actions to determine, cover or avoid fraudulent debt.
- Motions to Modify, annul or terminate the automatic stay.
- Actions to recover, avoid or determine preferences.
- Proceedings to turnover property of the state.
- Actions with respect to obtaining credit.
- Counter claims by the Bankruptcy Estate against persons filing claims against the Estate.
- The allowance or disallowance of claims against the Estate.
- Proceedings regarding the debtor’s exemptions in property of the estate.
- Issues concerning the administration of the Estate.
All of the above are examples of the types of issues that come up in many Bankruptcy cases.
Fortunately, most of these matters are handled routinely and do not affect the debtor’s ability to obtain a discharge of their debts. While the matters may be routine, they are quite complicated and generally beyond the scope of practice for a non-bankruptcy attorney. If you are involved in a situation where you may need bankruptcy, you definitely need to consider hiring an attorney that specializes in Bankruptcy Matters.