Time Limits for Filing an Adversary Proceeding

United States bankruptcy courts impose strict time limits for filing Adversary Proceeding complaints. The most important of these rules is that the related bankruptcy case must be open, or the case must be reopened, which in most cases requires paying a reopening fee.

The United States Bankruptcy Code defines 10 Adversary Proceedings that may be filed in a bankruptcy case, including proceedings objecting to discharge and determining dischargeability of a debt.  The time frame for filing each Adversary Proceeding complaint may depend on the nature of the proceeding and the bankruptcy chapter filed – Chapter 7 (liquidation), 11(reorganization), 12 (Family Farmer’s Debt Adjustment), or 13 (Individual’s Debt Adjustment).

Time for Filing Complaint

Objecting to Discharge

Most often the complaint objecting to discharge will be filed by a creditor.  However, it is important for the debtor to know the time frames for filing in order to protect their own rights in bankruptcy. In a Chapter 7 liquidation case, the complaint must be filed within 60 days of the first date set for the meeting of the creditors, also call a 341(a) meeting. However, in a Chapter 11 reorganization case, the complaint must be filed no later than the first date set for the confirmation hearing.  The dates for the meeting of the creditors and the confirmation hearing are set forth in an order of the bankruptcy court entered after the bankruptcy petition is first filed by the debtor.

Determining Dischargeability of Debt

The complaint determining dischargeability of a debt can be filed by either the debtor or a creditor.  In all chapters of bankruptcy, a complaint for determining dischargeability of debt may be filed at any time, other than the exceptions to discharge of section 523(c) of the Bankruptcy Code. In that instance, the time for filing a complaint in all bankruptcy chapters - 7, 11, 12, and 13 – is no later than 60 days after the first date set for the meeting of creditors.  In other circumstances, the court establishes the time in which to file a complaint to determine the dischargeability of a debt.

When to Talk to an Attorney

If you are a debtor or creditor in a bankruptcy case, it is important to consult with a qualified, bankruptcy attorney if you think you may need to file an Adversary Proceeding complaint.  As the federal bankruptcy courts adhere to strict rules, an attorney can best advise you of these rules to protect your interests.