What Is The Role Of The Court In An Adversary Proceeding? California Bankruptcy Lawyer Explains
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 Published On Oct 5, 2023

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Law Offices of Nicholas Gebelt
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Whittier, CA 90604
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The bankruptcy court serves as the trier of fact in a bankruptcy adversary proceeding. The reason for that is we rarely, if ever have jury trials in bankruptcy. There just non-existent, almost. There is the possibility of a jury trial in bankruptcy, but it's very, very rare. So that means that the judge serves as the trier of fact and at trial, all of the evidence is presented to the judge and then the judge rules on that evidence and comes up with a final judgment, either in favor of the plaintiff or in favor of the defendant. So that's in a nutshell what's going on there. Now, the bankruptcy court or the judge also serves to guide what's going on in the case. Some judges, for example, insist that you enter into a mediation program first, so that maybe the matter can be resolved with a mediator rather than wasting the court's time with a complex adversary proceeding. Then if there are motions as part of the process, whether may be motions to exclude evidence, motions, or dispositive motions, the bankruptcy court will be the trier of fact in those and will rule on those motions as well. In essence, the bankruptcy judge is supposed to be an unbiased referee in the adversary proceeding. Considering all the evidence that's presented and then coming up with a final conclusion.

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