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Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1975
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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I am a lawyer . I do some bankruptcy work, but have never

Customer Question

I am a lawyer . I do some bankruptcy work, but have never filed an adversary proceeding. Can you get me a sample complaint with the sample wording. A creditor filed a lawsuit against my client after she was granted bk protection. Also can you get me some idea as to damages that can be excpedted from a lawsit, or where to find such information. How much will this cost?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Brent Blanchard replied 4 years ago.

Thank you for your question. You can download a sample AMENDED complaint to determine the dischargeability of a debt from PACER. You might try Case No. 09-01158-lbr in the District of Nevada. It was an odd situation involving a debt that should have been secured, two people who started out with their own home-baked complaint, and a LOT of personal relationship baggage being tossed about, but will outline the basic principles of law and the parts of the Code to cite. Adversary proceedings involve a bit of a two-step, the first threshold being to prove that IF the plaintiff wins, the debt would be dischargeable, THEN trying the underlying (usually state-law based) case itself. Thus, the damages will track the underlying causes of action, just with more attorney's fees possible (IF recoverable at all) if the plaintiff wins. IF a lawsuit is filed in state court, then the proper procedure is to just file a Notice of BK Filing in the state court, which is usually enough for the judge to order all proceedings stayed pending whatever happens on the federal side. Sometimes, the BK court will decide ONLY the dischargeability and then send the case back to the state court. It is MORE proper to have a post-filing lawsuit filed directly as an adversary action in the BK court, since technically filing in state court would violate the Automatic Stay. Creditors who were not on the service list for the BK, or who hadn't yet received the notice of filing, generally get one free pass from the BK Court on that. Thank you.

Customer: replied 4 years ago.

Sir; do i have unlimited access to your program? if so, how much am I paying for it. I don't ecall signing up for it. thanks gary seale.