An Indiana Adversary Complaint for pro SE Debtors is a legal document that is filed with a bankruptcy court when a pro SE debtor (an individual who is representing themselves) seeks to resolve a dispute that arose prior to or during a bankruptcy case. The document outlines the dispute, the relief sought, and the legal arguments that support the debtor's position. There are two types of Indiana Adversary Complaint for pro SE Debtors: (1) a complaint against a creditor for an alleged violation of the automatic stay; and (2) a complaint against a creditor for an alleged violation of the discharge injunction. These complaints are generally used to seek monetary damages, injunctive relief, or both.
Indiana Adversary Complaint forpro seDebtors
State:
Indiana
Control #:
IN-SB-COMPLAINT
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PDF
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Adversary Complaint forpro seDebtors
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FAQ
Responding to an Adversary Complaint. A defendant in an adversary proceeding has 30 days to file a response to a complaint.
An adversary proceeding complaint is filed with the clerk's office. Unless the complaint is electronically filed, it must be filed with a completed Adversary Proceeding Coversheet on Local Bankruptcy Form 1040 (which is identical to Official Form 1040). See LBF ADV for more information.
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.
Once an adversarial proceeding has begun, a court may refuse to discharge debts if a creditor can show that those debts are the result of the debtor's fraud or the debtor failed to properly disclose information as per USC 27 §727.
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.
When a party declares bankruptcy, creditors may choose to commence an adversary proceeding to prevent specific debts from discharge. Adversary proceedings are governed by Federal Rules of Bankruptcy Procedure Rule 3007 and Rules 7001-7087.
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.
When an Adversary Proceeding Might Happen. Many adversary proceedings arise from alleged fraud by a debtor. If it appears that a debtor has committed fraud or violated a court order, the trustee or creditors might file an objection to the debtor's discharge.