{"id":286953,"date":"2016-04-04T10:41:53","date_gmt":"2016-04-04T15:41:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/bankruptcy\/what-is-bankruptcy\/attorney-intake-questionnaire-hiring-an-attorney-adversary.html"},"modified":"2026-04-09T12:31:00","modified_gmt":"2026-04-09T17:31:00","slug":"attorney-intake-questionnaire-hiring-an-attorney-adversary","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/bankruptcy\/what-is-bankruptcy\/attorney-intake-questionnaire-hiring-an-attorney-adversary.html","title":{"rendered":"Hiring an Attorney for an Adversary Proceeding in Bankruptcy"},"content":{"rendered":"\n
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Hiring an Attorney for an Adversary Proceeding in Bankruptcy<\/h1>\n\n
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\n By Catherine Hodder, Esq.<\/a> | Legally reviewed by Vaidehi Mehta, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Hiring an attorney for an adversary proceeding in bankruptcy is critical because it is a lawsuit within a bankruptcy case that has its own complaint, deadlines, discovery, and trial. An attorney should be well versed in bankruptcy law and litigation, and you should know what to ask an attorney before you hire them.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

In most cases, a personal bankruptcy<\/u><\/a> can be relatively straightforward. Small business<\/span> bankruptcy may be more challenging. In either situation, however, someone may object to the discharge of debt. This occurs most often when a creditor<\/span> is alleging that a debt should not be forgiven (or “discharged<\/u><\/a>“) because of fraud, but it can also happen if a creditor<\/span> thinks you are abusing the system, have not disclosed assets, or have not fairly characterized its claim.<\/p>\n

What Is an Adversary Proceeding<\/span>?<\/h2>\n

The procedure by which the court determines whether a debt should be discharged is called an “adversary proceeding<\/span><\/u><\/a>.” Adversary proceedings<\/span> also include actions to recover money or property (such as fraudulent or preferential transfers<\/span>), to determine the validity\/priority of a lien, or to ask for an injunction. An adversary proceeding<\/span> is a separate lawsuit<\/span> that takes place in the bankruptcy court<\/span><\/u><\/a> and is tried by the bankruptcy judge<\/span>. A creditor<\/span> is the party objecting to the discharge. Under 11 U.S. Code \u00a7727<\/u><\/a> and related rules, a trustee or U.S. Trustee can initiate adversary proceedings<\/span>. Common issues heard within an adversary proceeding<\/span> include whether certain debts can be discharged, allegations of fraud, and fraudulent transfers<\/span>.<\/p>\n

How Adversary Proceedings<\/span> Work<\/h2>\n

Adversary proceedings<\/span> are highly specialized matters that require a lawyer who is prepared to appear in court. Because these proceedings can be legally complicated and time-consuming, be sure that the bankruptcy attorney<\/span><\/u><\/a> you hire regularly handles adversary proceedings<\/span> in <\/span>bankruptcy<\/span> court<\/span>.<\/p>\n

Initial Meeting With an Attorney<\/h2>\n

You will want to meet with any attorney you are considering hiring<\/u><\/a> to see if you two can work together. Many attorneys offer free initial consultations for legal advice<\/span>. For the attorney to do the best possible job on your behalf, they need\u00a0 your input and cooperation.<\/p>\n

At your first meeting with your attorney, you should be prepared to provide the following information:<\/p>\n

INFORMATION ABOUT YOU<\/strong><\/p>\n