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"As a matter of law, this is an adversary proceeding," he said.
An adversary proceeding is more formal than a contested matter.
There was lack of a true adversary proceeding, with only 27,000 defense attorneys now available in the nation.
A bankruptcy "case" may contain one or more adversary proceedings (or none at all).
Adversary proceedings may be filed by the bankruptcy trustee or by other parties.
A debtor can attempt to discharge student loans through bankruptcy by use of the adversary proceeding.
The Supreme Court has held that it's unconstitutional to suppress speech without an "adversary proceeding."
For example, a creditor may file an adversary proceeding to object to the debtor's discharge.
The union lawyer said it was "quite possible" that an "adversary proceeding," a lawsuit or a grievance, could result from the dispute.
Adversary proceedings are initiated by filing a pleading document called a "complaint" with the court to resolve both federal and state law issues.
In March 2011, the court dismissed the adversary proceeding by Threshold Entertainment.
Or, a debtor may commence an adversary proceeding against a creditor as a response to a violation of the automatic stay.
"I treat this as an adversary proceeding," Mr. Daily said, "and accountants do not.
Soler began an adversary proceeding in bankruptcy court, reiterating its original complaints against the manufacturer.
The necessity of wielding an equalizer in an adversary proceeding was an accepted concept as far as each was concerned.
The jurisdictional challenge started when a creditor filed an adversary proceeding in bankruptcy court, which covered issues such as breach of contract, warranty, and misrepresentation.
You've had the case analyzed before you, you've had the evidence in the case assessed, and I think it's been demolished in an adversary proceeding.
Without a "full-dress adversary proceeding," he said, citizens could be "compelled to be complicit in killing somebody, when we don't want to be."
An Adversary proceeding in bankruptcy, is a lawsuit in the American legal system filed by a party called a "plaintiff" against a party called a "defendant".
Adversary proceedings, equality before the law and the impartiality of the judge are recognised for all court trials, whose duration of trials is reasonably established by law.
"Adversary Proceedings in Bankruptcy: A Sideshow," 79 American Bankruptcy Law Journal 951 (2006) (with Morrison).
(Guaranteed student loans are potentially dischargeable, however, if debtor prevails in a difficult-to-win adversary proceeding against the lender commenced by a complaint to determine dischargeability.
We must neither reward nor condone such a 'flagrant affront' to the truth-seeking function of adversary proceedings. . . . Perjury should be severely sanctioned in appropriate cases."
The associated adversary proceeding was also moved to the Southern District of New York as Akers et al. v. Madoff, 09-1186, demanding $235,000 against Peter B. Madoff.
Mr. DiFrancesco's relatives contested Judge Boyle's decision at the State Appellate Division, sued the township in Federal District Court, and filed an adversary proceeding against the township in Bankruptcy Court.