If you seeking to file or need to defend against an adversary proceeding in the U.S. Bankruptcy Court for the Eastern District of North Carolina, Attorney Jaime Williams can represent you during the process.
An adversary proceeding is a lawsuit filed separate from but related to the bankruptcy case. The case proceeds like a traditional civil lawsuit under the Local Rules of the Bankruptcy Court for the Eastern District of North Carolina, the United States Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. The filing of an adversary proceeding falls under Rule 7001 of the United States Bankruptcy Code.
Examples of Adversary Proceeding include (but are not limited to) an action to:
- Recover money or property
- By a creditor to invalidate a payment, known as a preference, made to another creditor during a specified period before filing bankruptcy
- By the trustee for a fraudulent transfer, a transfer of money or property by the debtor to a third party within the two years before filing the bankruptcy, which the trustee can prove is a result of actual or constructive fraud by the debtor
- Determine the validity, priority or extent of a lien or other interest in property
- By the debtor to strip/cram down a junior lien
- By the trustee to sell non-exempt and jointly owned property
- Object or revoke a discharge
A debtor, creditor or bankruptcy trustee may start an adversary proceeding by filing a formal complaint in the bankruptcy court and serving it on the defendant. The defendant must then answer the complaint or risk the entry of a default judgment.
Attorney Jaime Williams‘s bankruptcy practice includes all manners of bankruptcy issues that can affect most people. Jaime can tell you whether you qualify to file for bankruptcy and what chapter is the best fit for your needs. Jaime handles bankruptcy cases that fall under Chapter 7 (liquidation), Chapter 11 (business reorganization), and Chapter 13 (individual reorganization). Jaime’s bankruptcy practice also includes Adversary Proceedings (separating filings related to a bankruptcy case, usually filed by a creditor).
Bankruptcy falls under the jurisdiction of federal courts. Individuals residing in Franklin, Granville, Harnett, Johnston, Nash, Wake, Warren and Vance county will have their cases heard in the Raleigh office of the United States Bankruptcy Court of the Eastern District of North Carolina.
Contact Attorney Jaime Williams
To schedule a consultation, please telephone us at (919) 789-4677 or complete the either the bankruptcy form below.