Adversary Proceeding


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Adversary Proceeding

Any action, hearing, investigation, inquest, or inquiry brought by one party against another in which the party seeking relief has given legal notice to and provided the other party with an opportunity to contest the claims that have been made against him or her. A court trial is a typical example of an adversary proceeding.

Cross-references

Adjudication.

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References in periodicals archive ?
The proxy statement, which included biographical information about Brauser as a director nominee, failed to disclose that Brauser was named as a defendant in various civil fraud litigation, was co-owner of a telecommunications firm that filed for bankruptcy, and was sued in an adversary proceeding related to that firm.
227) (FISA warrants rarely lead to criminal proceedings, however, making "razor thin" the fiction that their issuance may result in an adversary proceeding.
After the bankruptcy court issued a general order discharging the Mallos' debts, the Mallos filed an adversary proceeding against the IRS, seeking a determination that their income tax liabilities for 2000 and 2001 had been discharged.
An adversary proceeding against USA Springs President Francesca Rotondo and other insiders had remained dormant as the company tried to obtain enough financing to continue the business or to sell via bankruptcy.
An adversary proceeding will permit the parties to raise issues in an orderly and expeditious fashion and preserve all of their just rights," Gropper said at the June 13 hearing.
Bankruptcy Court have filed an adversary proceeding on behalf of a local couple alleging that two area businessmen engaged in racketeering and conspiracy.
Pierce filed an adversary proceeding in the bankruptcy court for defamation and alleged that the defamation claim was nondischargeable under [section] 523(a)(6) of the Bankruptcy Code.
4) If a proceeding is already commenced when an order is entered determining the proceeding to be adversary, it [begin strikethrough]shall[end strikethrough]must thereafter be conducted as an adversary proceeding.
In certain circumstances, it may be advisable to initiate an adversary proceeding to freeze a fraudulent debtor's bank accounts and prevent further disposition of estate assets.
The court should be able to order mediation in an adversary proceeding, contested matter, or otherwise in a bankruptcy case, except that the court may not order mediation of a dispute arising in connection with the retention or payment of professionals or in connection with a motion for contempt sanctions, or other judicial disciplinary matters.
Therefore, YUKOS is dismissing them from the adversary proceeding.
David Zube, the Trustee in Bankruptcy, brought an adversary proceeding against Attorney Philippone, claiming Philippone had committed legal malpractice by failing to advise the Carneys to file for bankruptcy prior to June 26, 1997, before which time the automatic stay would have preserved the Carneys' right of redemption to the property subjected to tax sale.