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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38910
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I live in California but my case is in Illinois. Need to find

Customer Question

I live in California but my case is in Illinois. Need to find out quick if I can get my case discharged in an adversary proceeding this Friday!
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 4 years ago.
The scope of an adversary proceeding is controlled by FRBP 7001. The following are adversary proceedings:
(1) a proceeding to recover money or property, other than a proceeding to compel the debtor to deliver property to the trustee, or a proceeding under §554(b) or §725 of the Code, Rule 2017, or Rule 6002;
(2) a proceeding to determine the validity, priority, or extent of a lien or other interest in property, other than a proceeding under Rule 4003(d);
(3) a proceeding to obtain approval under §363(h) for the sale of both the interest of the estate and of a co-owner in property;
(4) a proceeding to object to or revoke a discharge, other than an objection to discharge under §§727(a)(8), 1 (a)(9), or 1328(f);
(5) a proceeding to revoke an order of confirmation of a chapter 11, chapter 12, or chapter 13 plan;
(6) a proceeding to determine the dischargeability of a debt;
(7) a proceeding to obtain an injunction or other equitable relief, except when a chapter 9, chapter 11, chapter 12, or chapter 13 plan provides for the relief;
(8) a proceeding to subordinate any allowed claim or interest, except when a chapter 9, chapter 11, chapter 12, or chapter 13 plan provides for subordination;
(9) a proceeding to obtain a declaratory judgment relating to any of the foregoing; or
(10) a proceeding to determine a claim or cause of action removed under 28 U.S.C. §1452.
As can be seen from the above, there is no provision to obtain a discharge of an entire bankruptcy case through an adversary proceeding.
Please let me know if my answer is helpful to you. The website has been experiencing system failures lately -- consequently many customers are not receiving my answers.
Thanks again.
Customer: replied 4 years ago.
Thank you for the info. Do I need to contact a Bankrupcy California lawyer or Chicago lawyer to help with this case (no. 12L2775).Also, do you know of anyone in the 9th circuit that can fight for me to get this discharged?XXX-XXX-XXXX
Expert:  socrateaser replied 4 years ago.
If the case is in Federal Bankruptcy Court for the District of Illinois, then you need a lawyer licensed in Illinois. See this link for a referral:
http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=IL
Re 9th Circuit, Illinois is in the 7th Circuit, so it will not help for you to have someone licensed for 9th Circuit practice.
Please let me know if my answer is helpful to you. The website has been experiencing system failures lately -- consequently many customers are not receiving my answers.
Thanks again.