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California Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor - Form 16D - Pre and Post 2005 Act

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This form is a caption for use in an adversary proceeding other than for a complaint filed by a debtor. The caption includes: the name of the debtor, the name of the defendant, the case number,and the chapter. This form is data enabled to comply with CM/ECF electronic filing standards. This form is for post 2005 act cases.

Description: California Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor — Form 16D is a legal form used in the state of California for adversary proceedings in bankruptcy cases. This form is specifically designed for cases other than those where the complaint is filed by a debtor. Pre-2005 Act: Before the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAP CPA) in 2005, the California Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor — Form 16D had certain differences compared to the post-2005 Act version. Post-2005 Act: After the implementation of BAP CPA in 2005, the California Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor — Form 16D underwent certain modifications to comply with the new bankruptcy laws and regulations introduced by the act. Keywords: California, caption, adversary proceeding, complaint, debtor, bankruptcy, Form 16D, pre-2005 Act, post-2005 Act, legal form, BAP CPA, bankruptcy laws, regulations.

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FAQ

FRBP 7001 provides that some requests for relief can not be made by starting a contested matter (filing and serving a motion), but can be made only by commencing an adversary proceeding (filing and serving a complaint with a summons).

FRBP 7001 provides that some requests for relief can not be made by starting a contested matter (filing and serving a motion), but can be made only by commencing an adversary proceeding (filing and serving a complaint with a summons). The provisions of FRBP 7001-7087 apply; these are called the "Part VII Rules."

Rule 5005(a) requires that a complaint commencing an adversary proceeding be filed with the court in which the case under the Code is pending unless 28 U.S.C. §1473 authorizes the filing of the complaint in another district.

FRBP 7003 provides that an adversary proceeding is commenced by a person or entity filing a complaint that seeks relief against one or more parties.

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California Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor - Form 16D - Pre and Post 2005 Act