Adversary proceeding

From Conservapedia - Reading time: 1 min

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An adversary proceeding is one having opposing parties such as a plaintiff and a defendant. It also means individual lawsuit(s) brought within a bankruptcy proceeding.

Jury Trial[edit]

Jury trials are often waived by creditors when they file proof of claims:

“

The WorldCom court determined that if a creditor’s proof of claim is met with an adversary proceeding and the determination of the adversary proceeding affects the claims allowance process, the creditor does not have a right to a jury trial, even if the adversary proceeding involves claims, such as breach of contract claims, that are historically tried in a court of law.[1]

”

References[edit]

1. ↑ https://www.hklaw.com/en/insights/publications/2009/02/proofs-of-claim-to-file-or-not-to-file

See also[edit]

• Bankruptcy code