Summons and Notice of Trial in an Adversary Proceeding 0B 250C
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FAQ
An adversary proceeding is the bankruptcy court's version of a civil action (a lawsuit). An adversary proceeding is opened by filing a complaint asking the court to rule on an issue related to a bankruptcy case.
Actions filed under Section 727 are adversary proceedings within a bankruptcy case. A creditor or the bankruptcy trustee files the action, which is a separate proceeding within the bankruptcy case. Section 727 proceedings are a type of bankruptcy litigation.
An adversary complaint is a type of civil lawsuit that may be brought against a debtor who is filing for bankruptcy. Although adversary complaints are related to the primary bankruptcy matter, they are considered a separate case.
The defendant in the adversary proceeding has an opportunity to respond to the complaint, either by filing an answer or a motion (for example, a motion to dismiss the complaint). If the defendant does not file a responsive pleading, the bankruptcy court can enter a default judgment against the defendant.
A contested matter is initiated by a party in interest, including a debtor, filing a motion requesting relief (rather than a complaint) in the context of a main bankruptcy proceeding. When a party objects to the motion the matter is considered contested.
An adversary proceeding (or AP) is a lawsuit filed separate from but related to the bankruptcy case. It is an action commenced by one or more Plaintiffs filing a Complaint against one or more Defendants and resembles a typical civil case. The Plaintiff is the person, partnership or corporation initiating the lawsuit.