In a chapter 13, can an adversary proceeding be filed immediately, or can it be initiated anytime in the process?

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Question

In a chapter 13, can an adversary proceeding be filed immediately, or can it be initiated anytime in the process?

Anonymous Mar 26, 2012 Bankruptcy 3 views 3 answers

I want to proceed with a wrongful foreclosure suit against my lender. I feel that I have a strong case and also feel that by using an adversary proceeding to force my Servicer to prove "proof of claim" is to my best advantage. I know that my loan has been securitized and that Bank of America recorded a chain of assignment for my 2006 loan in a 2006 Bear Stearns Trust in the year 2010. I know that for the vast majority of these REMIC Trusts the cut-off date to allow any mortgage loans into these trusts is 90 days after creation of the trust Also, there was no recorded chain of assignment from my original lender to any other banking institution ( that is; my loan was acquired from Greenpoint Lending by Countrywide and was then acquired by Bank of America.

Walter C Oney JrBankruptcy AttorneyBoston, MA · Answer 1 · 2026-06-15T10:37:03+00:00

Any time is fine. But beware that this is very specialized litigation that only a few lawyers know how to handle correctly, with the result that most of the law that has been made goes against borrowers. Do you know what the term "third party intended beneficiary" means? Where to find the PSA that governs your servicer? Trust me that these and many other issues will come up, and the lender will be represented by an expert.

Shannon Wynn · Answer 2 · 2026-06-15T10:37:03+00:00

You 100 percent need an attorney to represent you on this if you have any hope at being successful ( and make sure they are experienced with this type of claim). You won't be ale to use Internet sources to get you through this successfully.

Daniel Bowen · Answer 3 · 2026-06-15T10:37:03+00:00

Daniel Bowen

Daniel Bowen · Jun 15, 2026

You can file the adversary at any time. I would go to the naca.org cite and look for an EXPERIENCED mortgage fraud attorney.

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In a chapter 13, can an adversary proceeding be filed immediately, or can it be initiated anytime in the process?

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