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File an Adversary? What does that mean?

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    File an Adversary? What does that mean?

    Hello - my wife and I filed Chapter 7 in Georgia. Our discharge date was yesterday.

    Four banks sent letters to my attorney objecting to the discharge, but my attorney ignored the letters, and the banks never followed up. So I thought we were done as of yesterday...

    However, when I asked my attorney if we were done, he said this:

    "There were no objections to the filing, however, they have until the case is close to file an Adversary. An Adversary is a legal action within a bankruptcy. Therefore the case needs to discharge and close, this is done by the clerks office. The time line is normally about 2 weeks after the deadline date."

    What does this mean? What are the chances of this happening? And how will I know when it is complete? (My attorney is not good at keeping me posted). Please advise. Thanks

    #2
    Rarely do creditors wait until the deadline to file an AP. If they haven't filed one as yet, I seriously doubt they will file one at all.

    Good Luck
    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

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      #3
      I'm confused by this--the letters of objection to discharge...isn't that the same as an adversary? Or are the letters essentially "bluffs"?

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        #4
        The first letters were essentially bluffs - but without followup. I'm told they can file an Adversary (?) ... which would be a bit more official. Anyone have any experience with this happening AFTER your discharge date? I'm sweating it for the next couple of weeks until the danger passes...

        Also, how will I know when it is a done deal, and the danger has passed?

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          #5
          WE have much about the Adversary Procedure. Our enemy who caused much of reason why we bked anyway.

          An adversary Procedure is a lawsuit separate but tied to your bk. The Court whether or not you are guilty, takes on the side of the adversary. Not fair but the way it is. We were still discharged but we won’t close till we pay out an insider payment in April. It is a civil suit for the one debtor. In our case we stayed a civil suit that sat for five years, and was dormant for 17 months. Now it will be tried not in State Court but in Federal Court. It is just as dangerous as any suit. Our jerk is suing us for one hundred eighty million dollars, $180,000,000.00, so I think you can all see what a nut he is. We are pro se and are now giving him a run for his money as we have nothing to lose. What this guy wants to do is harass us for the rest of our lives.

          I’m not sure about all that other stuff about they can AP until closed, but we still got discharged but the original suit in State may not be if the Judge says, that this suit belongs in State. In any case, we are far beyond worry about it and are learning law and actually making it fun. ‘Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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            #6
            How will I know when it is done?

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