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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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18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
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