Does my chapter 13 protect me from an adversary complaint? 12 Answers as of May 25, 2015

They filed an adversary complaint because of a consent judgement it was from a misdemeanor of assault and battery. Am I protected on my chapter 13 for this? My chapter 13 is over.

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Ronald K. Nims LLC | Ronald K. Nims
Adversary actions are how creditors enforce their rights in bankruptcy. If the judgment was from the criminal court for a fine, costs or other parts of the criminal action, then bankruptcy won't protect you from liability but it will allow the liability to be paid over the life of your plan.
Answer Applies to: Ohio
Replied: 5/25/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Nope. You can defend the adversary proceeding though.
Answer Applies to: Colorado
Replied: 5/21/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
Are you asking about an adversary complaint filed in the bankruptcy court related to your chapter 13 case? If yes, then you MUST pay attention to it. If you haven't done so already, you should immediately contact your chapter 13 lawyer to make sure you understand what is happening and what action on your part might be required.
Answer Applies to: Colorado
Replied: 5/21/2015
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Confused by your question. How is the chapter 13 over if they are filing an adversary? You should be aware that there is an exception to discharge for debt incurred through willful injury. Perhaps you are mixing up chapter 7, liquidation with chapter 13, reorganization and repayment. You really ought to see an attorney about your situation to get advice on how to deal with this in a way that will produce the best outcome.
Answer Applies to: California
Replied: 5/21/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Adversary complaints can be brought in Chapter 13 as well as in Chapter 7 cases. However, in both Chapter 7 and Chapter 13, if the creditor fails to file the complaint before the expiration of the deadline to do so, the creditor will be out of luck. Even so, this complaint must be dealt with seriously.
Answer Applies to: Nevada
Replied: 5/21/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Criminal restitution is not dischargeable in bankruptcy.
    Answer Applies to: New York
    Replied: 5/21/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Doubtful as this is an intentional tort. See your bankruptcy attorney or hire one.
    Answer Applies to: Michigan
    Replied: 5/21/2015
    Stephens Gourley & Bywater | David A. Stephens
    That depends on whether you were discharged in your chapter 13 and if the creditor was discharged in your chapter 13.
    Answer Applies to: Nevada
    Replied: 5/20/2015
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    It depends. If the consent judgment was entered before your petition was filed and the judgment holder was provided notice of the bankruptcy petition and more than 60 days since the conclusion of the Section 341(a) meeting have passed, you may be able to move to dismiss the adversary complaint. If any of the foregoing is not true, I would need more details to advise you on how to proceed. Make sure you file a response to the complaint timely, in any case.
    Answer Applies to: California
    Replied: 5/20/2015
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    No. An adversary proceeding is a separate law suit within the bankruptcy. One of the purposes is to determine whether a debt is discharged.
    Answer Applies to: Washington
    Replied: 5/20/2015
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    No. You may have to pay it in full if you can persuade the court to do a carve out.
    Answer Applies to: Michigan
    Replied: 5/20/2015
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