Counterclaim

[Atlanta7]

When some one has to file a counterclaim in response to a complaint/claim/lawsuit , do they have to file a formal, dedicated documents/ lawsuit specifically to do that or they can simply mention in their answer to the original claim/ complaint, that they deny the allegations and in-fact the plaintiff is one who did wrong things?

[justbroke]

Are you asking specifically about a bankruptcy adversary proceeding? An AP, in bankruptcy, is the same as any complaint or lawsuit. It travels the same way as a civil lawsuit under the jurisdiction of the bankruptcy court (judge). You must follow the Federal Rules of Bankruptcy Procedure (FRBP) which, many times, just mirror the Federal Rules of Civil Procedure (FRCP). You'll also have local rules and judge-specific rules.

So, if a complaint is filed in the bankruptcy court, and the fee paid, then a summons is issued, served on the defendants, and the defendants must file an answer or do other motion practice within the time period allowed under the rules.

So a counterclaim is similar, only I think that you can file an Answer and Counterclaim (or crossclaim) just as you could under the regular civil procedure rules. You still have to file an answer or do other motion practice.

Doesn't matter if they did wrong too... that's the purpose of the counterclaim (or crossclaim depending on the situation). Some would file that answer and counterclaim... and makes their own claims int he counterclaim. It's best to leave this to experienced attorneys because you can't just answer with "no I'm not, but so are you."

[despritfreya]

Hold on a minute. OP asserts he/she is a creditor who wishes to file a 727 complaint. I doubt the defendant would have a proper counterclaim for a complaint seeking the complete denial of a discharge. Regardless, any potential claim the debtor may have against OP is an asset that belongs to the Trustee.

I am not sure why OP is even asking the question. OP needs to be discussing his/her issues with a qualified attorney.

Des.

[justbroke]

Yeah, that complicates things. Atlanta7 I don't think this is the best place to speculate because you're in a different position as a creditor. You are represented and you are already in a different situation.

[Atlanta7]

Ok. Thank you!