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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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HopefullyInLawSchool
16:03
@UnderRepresentedTryhard: Yes only for YM applicants tho
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
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