How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2793
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Type Your Bankruptcy Law Question Here...
Terry L. is online now
A new question is answered every 9 seconds

I went through bankruptcy and I have been named in an adversary

Customer Question

I went through bankruptcy and I have been named in an adversary proceeding. I donot have an attorney. The judge said at a previous hearing that he was not inclined to postpone based on not having an attorny.

What are my options. Mediation? if so, how do I submit a request to the judge to have mediation?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Fran-mod replied 5 years ago.


My name is Francine, and I’m the Legal Category Moderator for JustAnswer. My job is to assist customers with pending questions for the Legal Experts here at JustAnswer.

I'm sorry you haven't received an answer yet.

The response rate on JustAnswer is usually over 95%, but delays can result depending on the number of Experts online, the question volume, and the difficulty level of the question.

If you would still like to receive an answer from an Expert, just let me know, and I will do my best to assist you by finding an Expert to help you.

Expert:  Terry L. replied 5 years ago.
Hi and thank you for your question. In the future, you can request me to answer any further questions.

An adversary hearing is an objection filed by a creditor to determine dischargeability of a debt.

Mediation is not available. It's only a matter of if it is, or is not, non-dischargeable.

You can either defend yourself, or hire an attorney to help defend you (recommended).

If you do nothing, the debt will be declared non-dischargeable.
If you file your appearance, then the creditor must prove that the debt is non-dischargeable, using evidence, and citing to the code and available caselaw pertaining to the precise issue.

You have the chance to dispute the claims, and need to show that the creditor did not meet the elements needed to show that the debt is non-dischargeable.

If you lose the adversary, the creditor would then be able to collect on the debt, the same as if you hadn't filed bankruptcy. they would have to sue to garnish wages, freeze bank accounts, attach liens etc.

You can then negotiate repayment plan at that time. You can talk to the creditor now as well to see if they would entertain any settlements. If you save them time and money by agreeing to the non-dischargeability, they may offer you a discount since they will save cost and attorneys fees too.

Best of luck to you.
Customer: replied 5 years ago.
I was served with a compel to answer and production of documents as well. Do I have to make known to the court my exhibits or just to the attorney as requestd
Expert:  Terry L. replied 5 years ago.
the order to answer, is to file an answer with the court.
as for discovery, it would go to the other side, then will be presented to court as the time comes up during trial marked with exhibit numbers etc.
Customer: replied 5 years ago.

Maybe I'm not being clear. They compelled me to produce documents tt I was gong to use as exhibits. Am Ithen equired to file them with the court as my exhibits ordoes the other side do that


Expert:  Terry L. replied 5 years ago.
For the motion to compel, you need to turn the documents over to whom is asking you to do so. If the creditor brought the motion, you would turn them over to the creditor (thru their attorney).
You can also use the same documents for your own defense too. You never send originals, only use copies.

Edited by Terry L. on 12/7/2010 at 4:03 PM EST
Customer: replied 5 years ago.
Final Question: Is this a true statement?

To provide that a debtor committed "actual fraud," the objecting creditor must show the following: (1) a representation made by debtor to the objecting creditor; (2) debtor's knowledge of the falsity when the representation was made; (3) debtor's intent to deceive in making such representation; (4) creditor's justifiable reliance; and (5) creditor's damage as a result. A creditor must plead and prove each element of fraud in order to sustain a finding that a debt is nondischargeable, including intent on the part of the debtor to deceive at the time the debt was created.

Expert:  Terry L. replied 5 years ago.
That sounds like it is from a specific case. Please bear in mind that each state is different as to the precise definitions and elements depending on case law in the state and the district your case falls in. You need to consult with a local attorney to develop defense strategy. This forum prohibits us from providing specific legal advice on the merits of a case. I wish you the best of luck. Thanks for your question.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Terry L.

    Terry L.


    Satisfied Customers:

    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
< Last | Next >
  • Terry L.'s Avatar

    Terry L.


    Satisfied Customers:

    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • cortrightlaw's Avatar



    Satisfied Customers:

    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • JoeLawyer's Avatar



    Satisfied Customers:

    Attorney in the practice of Bankruptcy Law since 1996
  • A.J.'s Avatar



    Satisfied Customers:

    Experienced consumer bankruptcy attorney.
  • Fritz's Avatar



    Satisfied Customers:

    Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
  • Law Girl's Avatar

    Law Girl


    Satisfied Customers:

    I am an attorney.
  • Paul K, Esq.'s Avatar

    Paul K, Esq.


    Satisfied Customers:

    10 years Exp., Great customer service, Prompt responses.