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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" filed in a United States bankruptcy court in connection with a bankruptcy proceeding. ==Procedure== Adversary proceedings are governed by certain court rules found in Part VII of the Federal Rules of Bankruptcy Procedure 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. Very commonly, the debtor-in-possession in a Chapter 11 reorganization of a business debtor will initiate adversary proceedings against a party with whom the debtor had an executory contract, against whom it had a claim in tort, or to whom it made a preferential transfer prior to filing for bankruptcy, intending to collect funds to maximize working assets. 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. A debtor can attempt to discharge student loans through bankruptcy by use of the adversary proceeding.〔"Bankrupt your student loans and other discharge strategies," by Chuck Stewart, Ph.D., ISBN 1-4259-2855-2. June 2006.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Adversary proceeding in bankruptcy (United States)」の詳細全文を読む スポンサード リンク
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