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LSDefine

Simple English definitions for legal terms

adversary proceeding

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A quick definition of adversary proceeding:

An adversary proceeding is a type of legal action that happens when someone declares bankruptcy and their creditors want to prevent certain debts from being forgiven. The creditors can start an adversary proceeding to argue that the debts should not be forgiven because of things like fraud or not disclosing important information. There are also certain types of debts that are automatically not forgiven, like debts for luxury items or fines from the government. An adversary proceeding is a way for the court to decide whether or not these debts should be forgiven.

A more thorough explanation:

An adversary proceeding is a legal action in which two opposing parties resolve a dispute through a neutral third party. In bankruptcy court, an adversary proceeding is a specific type of action that creditors may commence to prevent specific debts from being discharged when a party declares bankruptcy.

For example, if a debtor owes a creditor money and declares bankruptcy, the creditor may commence an adversary proceeding to prevent that debt from being discharged. The creditor may argue that the debt is the result of the debtor's fraud or that the debtor failed to properly disclose information.

Adversary proceedings are governed by Federal Rules of Bankruptcy Procedure Rule 3007 and Rules 7001-7087. These rules outline the procedures for conducting an adversary proceeding and the potential exceptions to bankruptcy discharge that may warrant such a proceeding.

Some examples of debts that may be non-dischargeable and warrant an adversary proceeding include:

  • Debts incurred due to fines or penalties imposed by the government
  • Debts acquired with the intent to cause willful and malicious injury to another or another's property
  • Debts greater than $500 incurred from the purchases of luxury items or services

If a court finds that a debt falls under one of these exceptions, it may refuse to discharge the debt, and an adversary proceeding may be necessary to resolve the dispute.

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Trismegistus
11:44
thats only one person tho
11:45
MASSIVE penn wave
Trismegistus
11:45
does penn call or portal?
lilypadfrog
11:46
@Trismegistus: twin when did you apply? I applied in mid nov
cumsock
11:47
35% spike in applicants this cycle what the fuckkkkk
11:47
i applied 5 days ago, should i be worried i missed this wave
Trismegistus
11:47
all my apps are oct- to mid nov, except nyu which was dec
Trismegistus
11:47
penn was oct
PuppyBot
11:47
why does everyone want to be a lawyer
PuppyBot
11:47
jacking my style all of a sudden
cumsock
11:49
"But I also want to end on this note. Don't be afraid of being wrong. And what I mean by that is, being wrong about a school. I applied to Princeton coming out of high school and didn't get in. I ended up going to Vanderbilt. I could never see myself having gone anywhere but Vanderbilt." -Spivey
cumsock
11:49
this type of advice makes me so pissed like brotha
Trismegistus
11:50
why
11:51
omg another penn
11:51
its happening
@shaquilleoatmeal: I am now 31 and in group chats with people in their 50s and in their early 20s, as long as it isn't something weird being in the meme chat is chill
Trismegistus
11:51
are people fucking with me or what
siroracle
11:51
The crux of the advice is apply to worse schools and take what ya get
Trismegistus
11:52
does penn call or update to portal/ email?
cumsock
11:52
@Trismegistus: cus how does not getting into the best school in the country and "settling" for one of the most prestigious schools in vandy help anyone realistically
@Trismegistus: ^^^^
11:52
p sure they call
cumsock
11:52
ig it only helps people who are ab to jump off a bridge if they dont get into YLS
Trismegistus
11:53
@cumsock: yeah, im not sure really, i think it's just that, life is what you make it, peace with your fate once it happens? idk, i agree with you though
HopefullyInLawSchool
11:53
Another day another dollar
@cumsock: yeah lmao guy is such a prick, my bad i had to settle for vandy
lilypadfrog
11:54
he is a terrible writer. his personal writing blog is shockingly bad
@lilypadfrog: are there flowers on your lily pad?
11:55
how was your first day of classes @knowledge
@KnowledgeableRitzyWasp: what are legit side hustles you have seen people do in LS?
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