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How do I respond to an adversary proceeding in Bankruptcy court? Do I tell the whole story?

Seattle, WA |

My ex-boyfriend and I planned to move out of state. I left before he did, and he insisted that I take all of his belongings with me. Once here, he changed his mind and started suing me not only for his stuff but also mine, for a total of over 80k. I was advised to file bankruptcy, and now he has filed an adversary proceeding. I cannot afford a lawyer, and am not sure how to respond. Do I tell the whole story, or only specifically respond to his allegations?

Attorney Answers 4


When you are sued in bankruptcy, your answer is deny or admit.

Be careful with the answer because you may not want to admit certain items or only admits certain issues and deny the rest.

It would not hurt to see if an attorney would review your response for a few bucks or the self help center at the bankruptcy court.

Good luck.

Jim Webster
Scottsdale, Chandler, Mesa & Phoenix Arizona Bankruptcy Attorneys & Lawyers

1845 S. Dobson Rd. Ste 201
Mesa, AZ 85202

(480) 464-4667

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

If you live in Arizona, please contact me for actual advice; this is just speculation. It certainly is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a idea of what you might do and how it may turn out.

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You wrote, "How do I respond to an adversary proceeding in Bankruptcy court? Do I tell the whole story?"

A: Confession is good for the soul, bad for litigation.
Not consulting an attorney could be very costly.

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I would agree with Mr. Bollinger. You really should consult an attorney in this type of proceeding.

My answer is general information not intended to create an attorney-client relationship. Seek advice from a qualified attorney to see how the law fits your specific facts. If you are in Washington, please feel free to contact us at (425) 283-0432 to see if we might be of assistance.

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Get an attorney. Hopefully after a consultation you will be able to determine if it is worth hiring the attorney to fight this battle. Hiring an attorney might be expensive but if it saves you money in the long run it may be worth it.

Aaron Nielson 425-533-4476 ***LEGAL DISCLAIMER*** My response to any questions or comments is not legal advice and it does not establish an attorney-client relationship. My replies are comments based on a very short scenario that does not include all of the facts. You should consider my comments and discuss them with your attorney. Avvo is not a safe place to discuss facts of your case or admit any fact or try to explain your side of the story. Remember your right to remain silent. If you want to discuss case specifics then contact me for a consultation appointment or strategizing meeting.

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