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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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If you file an adversary proceeding against a creditor, can

Customer Question

If you file an adversary proceeding against a creditor, can they turn around and try to transfer the collection rights while the suit is pending?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 5 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. A debtor ca not file an adversary proceeding as that is.only a remedy for creditors.Best regards XXXXX XXXXX am glad  to help.  Please be so kind as to click the GREEN accept button as I do not get paid for my assistance unless you accept.   A bonus and and positive feedback are also appreciated.  An ACCEPT also assures that I can assist you again.  I wish you the best in the future.  Thanks.
Customer: replied 5 years ago.
Relist: Inaccurate answer.
Expert:  Ellen replied 5 years ago.
Different expert here.

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

I am assuming that you filed an adversary proceeding to determine the dischargeability of a debt. The debtors filing of an adversary does not prevent the creditor from transferring its rights to receive payment if the debt is declared nondischargeable.

Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
Customer: replied 5 years ago.
What is the outcome of the proceeding hasn't been decided yet? Would that effect them being able to transfer it to someone else?
Expert:  Ellen replied 5 years ago.
Typically the fact that the adversary proceeding was ongoing would not affect the ability to transfer the right to receive payment.
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience: Bankruptcy Lawyer. Experienced.
Ellen and 2 other Bankruptcy Law Specialists are ready to help you