Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

adversary proceeding

Read a random definition: co-optation

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.

advancement | adverse

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
LSD+ is ad-free, with DMs, discounts, case briefs & more.