Legal Question in Bankruptcy in Wisconsin

summons in an adversary proceeding

don't know how to respond, i have form # 20a and don't know how to word it


Asked on 4/15/09, 8:52 pm

2 Answers from Attorneys

Jeffrey Murrell Law Office of Jeffrey L. Murrell

Re: summons in an adversary proceeding

Ah, yes . . . ye olde "Adversary Action" complaint. Well, there's just no way to tell you how to respond to it through this free forum. You'll have to make an appointment. If you're in the Milwaukee area, I'm happy to meet with you, but I do charge for those appointments. Call me if interested. The number's in my profile, or you can find it easily enough by googling my name.

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Answered on 4/17/09, 7:51 pm
JAY Nixon nixon law offices

Summons in a Bankruptcy Adversary Proceeding

I don't know if you are preparing this summons to use it to sue someone else or if you are the defendant, hence I have no way to advise you. Generally speaking, Adversary Proceedings in bankruptcies arise in situations where a creditor wishes to fight the discharge of a debt on grounds of fraud or other intentional tort; by debtors against creditors who have somehow violated the rules or in other circumstances where the debtor is trying to get some sort of special relief against a creditor, such as reduction of a lien to the value of an asset (also known as a "cramdown" or "strip down." Finally, the trustee can object to a discharge in bankruptcy if the debtor fails to cooperate with him, lies, or hides assets. In all cases, adversaries are extremely serious matters (literally federal lawsuits) in which a person should always be represented by experienced bankruptcy counsel. There are numerous time limits which can expire quickly in adversary cases, adversely effecting rights. My comments here are of a general nature and not intended as legal advice for you unless you subsequently retain me; you really need to locate and consult with your own attorney.

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Answered on 4/19/09, 6:50 pm


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