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After being served, Progress Energy continued to send collection letters to the couple through January 2008. The creditors, including Progress Energy, were notified by mail on October 25, 2007. Myles filed a Chapter 7 bankruptcy petition. Adversary Proceeding for Violation of Automatic Stay It is a good idea to consult with an experienced attorney in such a matter. If the defendant fails to file a response within the time limit, the plaintiff may be awarded a default judgment.Īn adversary proceeding filed on a serious matter, such as fraudulently obtaining a loan, or fraudulent transfer of property, the matter often has to go to trial. After a formal complaint has been filed, it, and the court-issued summons, must be served on the defendant, who then has a specific amount of time to file a written response. The complaint outlines the facts, and states what remedy the plaintiff is requesting. When a plaintiff chooses to file an adversary proceeding, they must file a formal complaint with the bankruptcy court in which the bankruptcy was filed. Objection to Discharge – may be filed by a creditor or the trustee, asking the court to deny discharge of debts in bankruptcy, by claiming the debtor has committed fraud, or somehow failed to comply with court orders.In such a case, the trustee would ask the court to sever the debtor’s interest in the property, and force the co-owner to sell the property to pay the debtor’s claims. Sale of Property Jointly Owned – may be filed by the bankruptcy trustee in the event the debtor owns property jointly with another person.This is a request that the court strip a second (or subsequent) mortgage from the property, treating it like an unsecured debt. Lien Stripping – may be filed by a debtor who has more than one mortgage on his home. ![]()
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