Adversary Proceeding

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 senior Veluchamys filed a bankruptcy petition in 2011, so BoA filed an adversary proceeding against them and their children, Arun and Anu (collectively junior Veluchamys), alleging a scheme to hinder, delay, or defraud creditors by attempting to hide tens of millions of dollars from BoA and other creditors.
A few months later, she commenced an adversary proceeding against FAME requesting a discharge of her student loans.
Given that the adversary proceeding will likely be filed with the same judge overseeing the bankruptcy itself, the plaintiff-trustee will already have a good feel for how the bankruptcy judge may resolve an adversary proceeding.
Here I think it's important to recall that the reason for the creation of the FISA Court to oversee collection of intelligence was simply to provide yet another layer of supervision, not to open intelligence gathering to public scrutiny or to turn it into an adversary proceeding.
As FRHs schedule of assets in the proceeding lists a potential claim against the Company for repayment of the notes, for which advice has been taken and which the Company denies, the Company has initiated an associated adversary proceeding seeking a declaration confirming that the Company is not liable for their repayment.
If a debtor does not voluntarily return the goods subject to a reclamation claim, then the seller will be required to take action in the bankruptcy case to enforce its reclamation claim by filing a motion for relief from stay or an adversary proceeding.
Thereafter, Rosenberg filed an adversary proceeding (the "adversary proceeding") against the petitioning creditors (2) in the bankruptcy court to recover his fees and costs incurred: (1) seeking dismissal of the involuntary petition in the Bankruptcy Court, (2) sustaining dismissal of the petition in the District Court and in the Eleventh Circuit, (3) prosecuting his claims for actual and punitive damages based on the petitioners' bad faith filing of the involuntary petition under Bankruptcy Code [section] 303(i)(2) (3) and (4) recovering the aforementioned three categories of fees, otherwise referred to as "fees on fees.
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.
227) (FISA warrants rarely lead to criminal proceedings, however, making "razor thin" the fiction that their issuance may result in an adversary proceeding.
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.