Definitions for "Adversary proceeding"
Related Terms:
Confession of judgment, Judgment creditor, Satisfaction of judgment, Stay of proceedings, Judgment debtor, Pre-petition, Bankruptcy petition, Judgment, Bankruptcy court, Substantial abuse, Relief from stay, Dismissal, Interpleader, Litigation, Declaratory judgment, Pleadings, Parties, Collateral estoppel, Judgement, Pleading, Appearance, Petitioner, Default judgment, Pendente lite, Statement of claim, Dismissal with prejudice, Party, Action, Automatic stay, Attachment, Judgment, Respondent, Litigants, Petition, Money judgment, Process, Small claims court, Bankruptcy order, Allegations, Civil case, Summons, Default judgement, Indigent, Judgments, Suit, Litigate, Compulsory liquidation, Motion to dismiss, Ex parte
One having opposing parties such as a plaintiff and a defendant. Individual lawsuit(s) brought within a bankruptcy proceeding.
a federal lawsuit in the bankruptcy court, which has many detailed procedures to it, and you could get into trouble with it
a lawsuit filed within the Bankruptcy Case
a lawsuit that requests that the Court find that your debt is not discharged in bankruptcy
a separate, freestanding lawsuit
a separate lawsuit in the main bankruptcy case, usually involving objections to discharge or dischargeability of debts, temporary restraining orders, turnover of property and other matters
a lawsuit that is brought within a bankruptcy proceeding, governed by special procedural rules, and based on conflicting claims usually between the debtor (or the trustee) and a creditor or other interested party.
A special lawsuit that is filed in the Bankruptcy Court when a dispute arises between the judgment creditor and judgment debtor or trustee. We often file adversary proceedings under 11 USC §523 to determine dischargeability of a particular debt. This allows us to continue to enforce the judgment even after a Bankruptcy discharge. We can also file adversary proceedings under 11 USC §727 which provides that all of the judgment debtors debts are enforceable after the bankruptcy proceeding.
An action brought in the bankruptcy court primarily to determine the dischargeability of a specific debt, or objecting to the discharge of all debts.
A lawsuit filed in the bankruptcy court which is related to the debtor's bankruptcy case or the property of the debtor. The most common adversary proceeding is to determine whether a particular debt is discharged.
A court action beyond the base case. They are formal matters where most federal rules of civil procedure apply.
One having opposing parties; contested, as distinguished from a hearing in which only one party appears.
A separate lawsuit filed in the Bankruptcy Court that arises in or is related to the bankruptcy case and involves opposing parties.
A bankruptcy lawsuit related to, but separate from, a debtor's bankruptcy case.
a lawsuit within in the bankruptcy, usually in a Chapter 7 proceeding and very rarely in a Chapter 13 proceeding. (The most common example is an adversary proceeding brought by a creditor to determine the dischargeability of a debt pursuant to §523 or 727 of the Bankruptcy Code.
Legal proceeding involving parties with opposing interests, with one party seeking legal relief and the other opposing it.
A lawsuit in the U.S. Bankruptcy Court that is related to a bankruptcy case. Adversary proceedings are typically filed by creditors seeking to have their debt declared non-dischargeable by the Bankruptcy Court.
Proceeding having opposing parties; contested. Differs from ex parte proceeding.
A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. A nonexclusive list of adversary proceedings is set forth in Fed. R. Bankr. P. 7001.
Legal proceeding where parties have opposing legal interests.
A lawsuit filed in the bankruptcy court which is related to the debtor's bankruptcy case. Examples are complaints to determine the "dischargeability" of a debt and complaints to determine the extent and validity of liens.
A lawsuit within a bankruptcy case.
litigation within a bankruptcy proceeding instituted by the filing of a complaint.
An Adversary Proceeding, in bankruptcy, is a lawsuit, in the American legal system, filed by a party called a "plaintiff" against a party called a "defendant." See also Bankruptcy in the United States.