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.

Jury Trial

Jury trials are often waived by creditors when they file proof of claims:

“ 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.[1] ”

References

See also