Adversary proceeding
Encyclopedia
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".
and, in part, by the Federal Rules of Civil Procedure
. A bankruptcy "case" may contain one or more adversary proceedings (or none at all).
Adversary proceedings are initiated by filing a pleading document called a "complaint
" with the court
to resolve both federal
and state law
issues.
Adversary proceedings may be filed by the bankruptcy trustee or by other parties. For example, a creditor may file an adversary proceeding to object to the debtor's discharge
. Or, a debtor may commence an adversary proceeding against a creditor as a response to a violation of the automatic stay
. See generally Rule 7001(4) of the Federal Rules of Bankruptcy Procedure.
An adversary proceeding is more formal than a contested matter. A contested matter in bankruptcy is governed by Rule 9014 of the Federal Rules of Bankruptcy Procedure.
Student loans can be discharged through bankruptcy by use of the adversary proceeding.
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
in the American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
legal system filed by a party called a "plaintiff" against a party called a "defendant".
Procedure
Adversary proceedings are governed by certain court rules found in Part VII of the Federal Rules of Bankruptcy ProcedureFederal Rules of Bankruptcy Procedure
The Federal Rules of Bankruptcy Procedure are a set of rules promulgated by the Supreme Court of the United States under the Rules Enabling Act, directing procedures in the United States bankruptcy courts...
and, in part, by the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
. A bankruptcy "case" may contain one or more adversary proceedings (or none at all).
Adversary proceedings are initiated by filing a pleading document called a "complaint
Complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...
" with the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
to resolve both federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
and state law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
issues.
Adversary proceedings may be filed by the bankruptcy trustee or by other parties. For example, a creditor may file an adversary proceeding to object to the debtor's discharge
Bankruptcy discharge
A discharge in United States bankruptcy law, when referring to a debtor's discharge, is a statutory injunction against the commencement or continuation of an action to collect, recover or offset a debt as a personal liability of the debtor...
. Or, a debtor may commence an adversary proceeding against a creditor as a response to a violation of the automatic stay
Automatic stay
In bankruptcy law, an automatic stay is an automatic injunction that halts actions by creditors, with certain exceptions, to collect debts from a debtor who has declared bankruptcy. Under section 362 of the United States Bankruptcy Code, , the stay begins at the moment the bankruptcy petition is...
. See generally Rule 7001(4) of the Federal Rules of Bankruptcy Procedure.
An adversary proceeding is more formal than a contested matter. A contested matter in bankruptcy is governed by Rule 9014 of the Federal Rules of Bankruptcy Procedure.
Student loans can be discharged through bankruptcy by use of the adversary proceeding.