Adversary Complaint

[Obediance]

What is the name of your state? WI

A large adversary complaint (to determine dischargability of debt) was sent into our bankruptcy. Since the reason for the bankruptcy was because of the company that has sent in the adversary complaint, I need to countersue. Can I do that and also bring in another company in the countersuit? If "compelled to arbitration" which I think that is what they do in this situation, can I countersue?

If the arbitrators award us with any damages, then would the bills be paid that are in bankruptcy and rest to us and no bankruptcy on my record?

Am I allowed to ask the company complaining for the contract we signed since they refer to it in the complaint?

If the arbtrators award them then would the judgement go against my home property, (not car) and any future real estate. Would it go against my income if I became successful again?

Since part of the cause is highly erroneous media articles, can I set the media straight and not have to worry about repercusions from the bankruptcy court.

Is this more private in bankruptcy court vs state court. The complainant would want privacy.

If I sue instead in state/fed court would then the bankruptcy protections be off and I have to figure out a solution. Can I go back to filing bankruptcy if it doesn't go well.

Please help and please try to answer all of these questions. I can't get through to the bankruptcy attorney or others. and I have to answer the complaint. Thanks so much

[bigun]

This proceeding is not arbitration but, handled before a bk court judge.
You're free to raise whatever defense you please but, the only possible counterclaim would be for violation of the stay that prevents collection activity {if that happened} or, if they filed a claim against the bk estate and could not prove they were entitled to any assets from the estate.
If they win, the debt is not discharged and they may proceed with collection activity once the bk is discharged.

[Obediance]

The entity that entered the Adversary complaint to determine dischargeability of debt is the company that caused me to go into bankruptcy. They did not ask me for the money that they gave away against my objection so I did not consider it debt of mine. Therefore, it was not listed in the debts. I will answer denying the allegations and ask for compel to arbitiration, countering that they owe me. Do I amend the schedules to show the amount they owe me? Do I need to amend for this amount they are showing now that I owe them (on the complaint)? Then should I also enter in income another suit if I do sue another company that gave away the clients names inappropriately and also caused this.

Please help give me your ideas!

[bigun]

I have no idea what you're talking about.
If you filed pro se, I'd suggest you get an attorney in a hurry.

[Ladynred]

I would agree on the attorney.

Once again though, there is no arbitration with an adversary proceeding in a bankruptcy case. Since everything involved is part of your bankruptcy, it's handled thru the BK Court. You probably SHOULD amend your schedules to include this company too.

[Obediance]

Okay, so I would need to amend for the countersuit (asset) and the suit (new debt).
I can't find where the form is for the amending of the schedules. Can you tell me where I can find it online by chance?