What are the time limits for filing an adversary proceeding?

An adversary proceeding does have time limits in place. This means that those who might file a complaint against a bankruptcy filer in regards to the filing of bankruptcy must do so within the specific timelines in place. This ensures that the bankruptcy decision can be made in a time effective manner.

Time Limit Considerations

An adversary proceeding can occur for various reasons. In many cases, these are just complaints from creditors that the bankruptcy should not proceed for one reason or another. The most common objection in the process to file bankruptcy is an objection to the discharge itself.

• In Chapter 7 bankruptcy, the complaint must be made within 60 days of the first date set for the 341 meeting.
• In Chapter 13 bankruptcy, the complaint must be filed no later than the first date for the confirmation hearing.

This also applies to determining the discharge-ability of the debt. A complaint to determine if the debt can be discharged may be filed at any time, but in most cases, the court can establish the time limit in which these complaints may be filed. In some situations, the court may issue a specific timeframe in which the debt must be discharged in the case.

Hire an Attorney

In situations where you believe that you may face an adversary proceeding, it is best to contact an attorney. The attorney will work with you to determine the best way to avoid any complaints from creditors in regards to the debt. In addition, filing bankruptcy with an attorney reduces the instances of complaints and creditor problems in many instances.