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Plaintiff


Plaintiff

The lawsuit is filed with the court and is brought against a defendant to demand damages or a legal remedy through a court judgment to provide damages for their personal injuries. Lawsuits may be commenced by filing a complaint or a summons and the plaintiff may also be known as the "claimant".

Under Title 11 of the United States Bankruptcy Code Chapter 7, Chapter 11, Chapter 12 and Chapter 13 Bankruptcy claims can be started by filing a bankruptcy petition. If a bankruptcy plaintiff has a complaint within the bankruptcy case they can file an adversary proceeding which is a bankruptcy lawsuit. Adversary proceedings are similar to other civil cases filed in state courts. The adversary proceeding includes a complaint, the defendant (the person who the claim is filed against) and the plaintiff (the person who has filed the complaint). The plaintiff in an adversary proceeding may include the creditor, trustee, the debtor or an ex-spouse. Adversary proceedings may include issues relating to the denial of a discharge, preference payments and fraudulent or dischargeability issues. Fed. R. Bankr. P. 7001 lists the various types of adversary proceedings allowed.


More Help on Plaintiff

  • Adversary Proceedings - Adversary proceedings are a federal lawsuit within the bankruptcy process which is started by filing a complaint with the bankruptcy court against one or more defendants and is used to determine the validity of certain claims. - read more

  • Defendant - In a criminal case the defendant is the individual accused of a crime. Defendants in civil cases are the person who has been sued. Defendants may also be termed respondents in certain states. - read more

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