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Adversary proceeding (view source)

Revision as of 03:54, June 28, 2023

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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. [[Category:Legal Terms]]
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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.  
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== Jury Trial ==
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Jury trials are often waived by creditors when they file proof of claims:
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{{cquote|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.<ref>https://www.hklaw.com/en/insights/publications/2009/02/proofs-of-claim-to-file-or-not-to-file</ref>}}
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== References ==
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<references/>
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==See also==
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*[[Bankruptcy code]]
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[[Category:Bankruptcy]]
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[[Category:Bankruptcy Law]]
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[[Category:Legal Terms]]
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