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- 1). Obtain the bankruptcy court and case number of the person you wish to sue. Because the person is in bankruptcy, you will not be able to sue her in regular court, but instead you will file an adversary proceeding in bankruptcy court. As a creditor, you should have been sent notice by the court when the individual filed for bankruptcy. This notice will have the court and case number on it, or you can look on the PACER website, which allows you to search for filings (see link in Resources).
- 2). Review the local rules of the district you wish to file in. You will want to make sure you are adhering to all the rules when you file your adversary. There are specific requirements to argue the dischargeability of a debt in Chapter 7 bankruptcy, and these are typically district specific.
- 3). Review the Federal Bankruptcy Rules. Be certain you have a legal right to keep your debt from being discharged. Most debts are dischargeable in bankruptcy. If your debt may legally be discharged, filing an adversary is futile.
- 4). Prepare and file an adversary proceeding. You may wish to seek the advice of an attorney or hire one to complete this process. However, you do not have to hire an attorney. Once you file the suit, you will have to serve the opposing party and request a hearing.
- 5). Attend the hearing. You will have to be prepared to argue why your debt should not be discharged and have adequate evidence to prove it. The judge will usually provide his ruling at the end of the hearing, but he may take it under advisement. This means he wishes to consider the arguments, in which case you will be notified of the ruling afterward.
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