Adversary Proceedings FAQ's
 
DISCLAIMER: The following information should not be relied upon as legal authority nor should it be used as a substitute for reference to the U.S. Bankruptcy Code. Finally, this information should supplement, not substitute, for the advice of competent legal counsel. Please be advised that the Clerk’s Office staff is prohibited from giving legal advice. For additional information, please refer to the United States Bankruptcy Code (title 11, United States Code), the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules), and the Local Rules for the United States Bankruptcy Court for the Western District of Kentucky.


 
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What is an Adversary Proceeding?

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How much are the Court fees for filing an Adversary Proceeding?

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How do I object to a debtor's general discharge or the discharge of a debt owed to me by the debtor?

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Why is the bankruptcy case closed if my adversary case is still going on?

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I am a child support creditor.  How can I find out if my debt is non-dischargeable?

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Who do I contact for Adversary Proceeding information?

 

What is an Adversary Proceeding?

An Adversary Proceeding (AP) is a lawsuit arising in or related to a bankruptcy case. The filer is the "plaintiff" and the party against whom the AP is filed is the "defendant". An Adversary Proceeding is initiated by filing with the Bankruptcy Court a document called a "complaint". Such filings serve to resolve both Federal and State issues. A separate case number is assigned to each Adversary Proceeding.

Certain types of disputes cannot be handled by motion in the bankruptcy case, but instead require the filing of an Adversary Proceeding.  Adversary Proceedings are filed pursuant to Bankruptcy Rule 7001.  The Federal Rules of Bankruptcy and the Local Bankruptcy Rules state which actions require the filing of an Adversary Proceeding.

Because Adversary Proceedings may be extremely complex, you are strongly encouraged to consult with a bankruptcy attorney.

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How much are the Court fees for filing an Adversary Proceeding?

For information regarding fees, please refer to the Fee Schedule. Click here for Fee Schedule.

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How do I object to a debtor's general discharge or the discharge of a debt owed to me by the debtor?

An objection to a discharge and/or the determination of dischargeability of a debt requires the filing of an Adversary Proceeding.

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Why is the bankruptcy case closed if my adversary case is still going on?

The court does not necessarily lose jurisdiction to hear disputes simply because the bankruptcy case has been administratively closed.  A Chapter 7 debtor can be discharged and the case closed while a Section 523 complaint is pending because the discharge will not apply to those debts for which a Section 523 complaint is granted in favor of the plaintiff.

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I am a child support creditor.  How can I find out if my debt is non-dischargeable?

Child support debts are excepted from discharge.  If you and the debtor disagree about the nature of the debt, you may, by initiating an Adversary Proceeding ask the Court to determine whether your debt is non-dischargeable.

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Who do I contact for Adversary Proceeding information?

Information may be obtained by telephone, through the mail, or in person at the Clerk's Office public counters.

The Adversary Proceeding office telephone number is 502-627-5700.

The Clerk's Office mailing address is:

Clerk of the Bankruptcy Court
Gene Snyder Courthouse
601 W. Broadway, Suite 450
Louisville, KY  40202 - 2264

A public access terminal is located in the Bankruptcy Clerk’s Office in Louisville for use during business hours, and certain inquiries can be made to the Clerk’s Office staff during business hours.

To permit you around-the-clock access to case information, the Clerk's Office has installed two automated case information systems. The Multi Court voice Case Information System, or McVCIS.  McVCIS allows a caller to access basic case information from any touch-tone telephone at any time by dialing 866-222-8029.  Enter 59 for the state abbreviation code for KY, then 1 for the Western District of Kentucky. There is no fee charged with this service. Local calls within the Louisville area may be placed by dialing (502) 627-5700.

PACER is an acronym for Public Access to Court Electronic Records and is a system that allows the public to access the Court's documents electronically. This is "information only" access. There is a charge for web access. For complete information and instructions on how to get a PACER account, we suggest that you go to the Pacer Service Center site at: http://pacer.psc.uscourts.gov/index.html

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This page was last edited on 02/10/2017 at 02:14 PM .