Difference between revisions of "Adversary proceeding"
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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]] | + | 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: | ||
| + | {{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== | ||
| + | *[[Bankruptcy code]] | ||
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| + | [[Category:Bankruptcy]] | ||
| + | [[Category:Bankruptcy Law]] | ||
| + | [[Category:Legal Terms]] | ||
Latest revision as of 03:54, June 28, 2023
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.
Jury Trial
Jury trials are often waived by creditors when they file proof of claims:
| â | The WorldCom court determined that if a creditorâs 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.[1] | â |