Intellectual Property | Real Estate | Technology | Software

What is an “adversary proceeding” in Bankruptcy Court?

Jun 13th, 2015 | By | Category: Software Licensing Audits

Litigation Warrior Series – Bankruptcy Adversary Proceedings (trying to wipe out “Willful Copyright Infringement” Claims and Software Piracy may be attacked in a BK court).

How to file an adversary proceeding in a bankruptcy court

CLICK HERE FOR CAN YOU WIPE OUT SOFTWARE PIRACY IN BANKRUPTCY COURT

Introduction

This blog discusses what an “adversary proceeding” is in bankruptcy Court and how this plays out in business, real estate, intellectual property and insurance cases (commercial litigation cases).

What is an “Adversary Proceeding”?

An adversary proceeding is basically a lawsuit filed by a Debtor or a Creditor in a federal bankruptcy Court.  There are several recognized and common grounds for why these types of cases are filed, usually in conjunction with an underlying Chapter 7, Chapter 13, or Chapter 11 bankruptcy.

Common Types of Actions that may be raised in a Bankruptcy adversary proceeding

1.  Actions re dischargeability of debts (ex willful copyright infringement debts)

2.  TILA (Truth in Lending Recsission cases)

How to file an adversary proceeding in Arizona or California

The process to filing an adversary proceeding in federal bankruptcy Court is fairly simple, just follow these steps:

1.  File complaint with coversheet

2.  Serve the summons and complaint on all appropriate parties

3.  The case will be litigated similar to any other civil action

4.  The parties will be entitled to pursue discovery

5.  Motions for summary judgment are possible

6.  Jury trials are possible (federal courts require unanimous jury decisions)

Contact us to file or defend your lawsuit in federal bankruptcy Court.  Steve Vondran, Esq., is a graduate of the Max Gardner “bankruptcy bootcamp” which teaches the “bankruptcy litigation model.”

Contact a California & Arizona Adversary Proceeding Litigation Law Firm

We can help you fight your case in Federal Courts in California and Arizona.  Call us at (877) 276-5084 to discuss your case.  You may also fill out the contact form below to have one of our litigation lawyers contact you, normally within the hour.

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We are a business and civil litigation firm with a focus on copyright infringement cases involving illegal movie downloads (torrent cases such as London Has Fallen and Malibu Media defense), software audits (ex. Microsoft audits, SPLA, Autodesk audit notification letter, Siemens PLM defense, SIIA, Adobe and Business Software Alliance defense) and other software vendors threatening piracy and infringement. We also handle cases involving internet law, anti-SLAPP, media law, right of publicity, trademarks & domain name infringement, and we have a niche practice area handling California BRE licensing disputes, accusations, subpoena response, statement of issues and investigations. We have offices in San Francisco, Beverly Hills, Newport Beach, San Diego & Phoenix, Arizona and accept federal copyright and trademark cases nationwide. All content on our website is general legal information only and not a substitute for legal advice, and should not be relied upon. Decisions to hire counsel should not be based on advertising alone. Blogs, videos and podcasts are authored by Steve Vondran, Esq. unless otherwise noted. We can be reached at (877) 276-5084.

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