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

• Category: Bankruptcy
• State: Multi-State
• Control #: US-BKR-F16D
• Format: PDF

Description

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.

Hawaii Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor — Form 16— - Pre and Post 2005 Act: A Detailed Description The Hawaii Caption for Use in Adversary Proceeding is an essential document used in legal proceedings outside a debtor's complaint. It provides a comprehensive description of the case and identifies the parties involved. The caption format differs depending on whether the case was filed before or after the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAP CPA) in 2005. 1. Pre-2005 Act Hawaii Caption for Use in Adversary Proceeding: The Pre-2005 Act Hawaii Caption for Use in Adversary Proceeding is designed for cases filed before the implementation of the BAP CPA. This caption format includes the following key details: — Court Name and Location: This section identifies the specific court where the proceeding is being held, often including the district and division information. — Adversary Proceeding Number: A unique number assigned to the adversary proceeding by the court for tracking and reference purposes. — Caption: A brief descriptive title that summarizes the nature of the legal action, outlining the plaintiff(s) and defendant(s) involved. It is crucial to use correct legal names and aliases, if applicable. — Plaintiff(s) Information: All plaintiffs participating in the case must be clearly identified. This includes their legal name, address, and contact information. — Defendant(s) Information: Similar to the plaintiff section, the defendants should be listed with their legal names, addresses, and contact information. — Attorney(s) Information: The names, addresses, and contact details of the attorneys representing each party involved should be provided. — Nature of Suit: A concise statement explaining the legal basis for the adversary proceeding. — Jury Demand: If applicable, this section indicates whether any party is requesting a jury trial. — Basis of Jurisdiction: The legal authority under which the case is filed should be specified, such as bankruptcy laws or other relevant statutes. 2. Post-2005 Act Hawaii Caption for Use in Adversary Proceeding: The Post-2005 Act Hawaii Caption for Use in Adversary Proceeding adheres to the provisions set forth by the BAP CPA. While the majority of the information remains the same, there are specific changes that accommodate the requirements of the act. These changes may include: — Revised Nature of Suit: The post-2005 act Hawaii caption may require more specific details related to the nature of the suit, particularly if any new provisions under the BAP CPA apply. — Additional Disclosure Requirements: Depending on the case type, there may be additional disclosure requirements defined by the BAP CPA, such as consumer credit counseling and means test results, which may need to be included in the caption. — CertificatioStatementThothTBPAPALAPAPAPA Act may require specific certification statements to be included, ensuring compliance with its various provisions, such as the accuracy of information provided or the mandatory credit counseling. In conclusion, the Hawaii Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor — Form 16— - Pre and Post 2005 Act is a crucial document that outlines the necessary information for legal proceedings outside of debtor complaints. Adhering to the correct format and including all the relevant details is essential to ensure an accurate representation of the case.