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B1040 (FORM 1040) (12/15) ADVERSARY PROCEEDING NUMBER ADVERSARY PROCEEDING COVER SHEET (Instructions on Reverse) (Court Use Only) PLAINTIFFS DEFENDANTS ATTORNEYS (Firm Name, Address, and Telephone.

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How to fill out the Adversary Proceeding Cover Sheet online

The Adversary Proceeding Cover Sheet is a crucial document in bankruptcy cases, summarizing key information about the proceeding. This guide will provide step-by-step instructions on how to fill out the cover sheet online, ensuring a smooth submission process.

Follow the steps to complete the Adversary Proceeding Cover Sheet accurately.

  1. Click ‘Get Form’ button to obtain the form and open it in your editing tool.
  2. Enter the names of the plaintiffs exactly as they appear on the complaint. If there are multiple plaintiffs, list them accordingly.
  3. In the 'Defendants' section, provide the names of the defendants as stated in the complaint.
  4. Fill in the attorneys' details, including the firm name, address, and telephone number. If there are multiple attorneys, list them as needed.
  5. Check the appropriate box for the party type in both the plaintiff and defendant sections. Options include debtor, creditor, trustee, or other.
  6. In the 'Cause of Action' field, write a brief statement of the cause of action, including any relevant U.S. statutes.
  7. Select up to five nature of suit options. Start with the main cause of action as 1, and follow with alternatives.
  8. Provide the demand amount in dollars if applicable, in the 'Other Relief Sought' section.
  9. Include the bankruptcy case number, district, and name of the debtor related to the adversary proceeding in the designated areas.
  10. Lastly, affix the attorney's signature and date in the provided signature block.
  11. Once filled out, save your changes. You can choose to print the document or share it as needed.

Start filling out your Adversary Proceeding Cover Sheet online today for a seamless submission process.

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In bankruptcy court disputed matters are either classified as “contested matters” or “adversary proceedings”. A contested matter commonly arises in disputed motions. Whereas adversary proceedings largely track traditional civil litigation (i.e., Complaint, Answer, Trial).

The objective of filing an adversary proceeding is to get additional financial relief or dispute a portion of the bankruptcy filing. This form of litigation requires a judge's oversight and can't be accomplished with paperwork alone.

Common adversary matters often involve dischargeability of a certain debt, denial of a discharge of all debts, preference payment (an action to recover money paid to a creditor just prior to filing bankruptcy), violation of the automatic stay, or fraudulent transfer issues.

A defendant can respond to an adversary proceeding by filing an answer or a motion (e.g., a motion to dismiss the complaint) within 30 days from the date of the summons. If the defendant fails to file a responsive pleading, the bankruptcy judge can enter a default judgment against the defendant.

An "Adversary Proceeding" in bankruptcy court has the same meaning as a lawsuit in other courts. This means that one or more "plaintiff(s)" file a "complaint" against one or more "defendant(s)." In many situations an adversary proceeding is required if a plaintiff wants to obtain a particular type of relief.

For example, they might want to object to a discharge, get an injunction, obtain a ruling on whether a debt can be discharged, or pursue money from a party not in the bankruptcy proceeding. A party involved in a bankruptcy case can start an adversary proceeding by filing a complaint.

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.

Those matters, other than objections to claims, that are disputed but are not within the definition of adversary proceeding contained in Rule 7001.

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