Cal. Litig. 2021, Volume 34, Number 2

Navigating the Adversary Proceeding in Bankruptcy for General Litigators

By Marc Weitz

Marc Weitz is a California bankruptcy attorney with a combined 24 years’ experience in law and investment banking, giving him a unique understanding of the convergence of business and law. Marc is also a Chartered Financial Analyst.

A lawsuit within a bankruptcy is called an adversary proceeding. Because bankruptcy courts are, in many ways, separate entities from the regular federal and state courts, they have their own peculiar terms and procedures. This article is a high-level introduction for general litigators defining what is an adversary proceeding, what issues it relates to, notable differences from other courts, what procedural rules apply, pitfalls to avoid, and where to find information.

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