The Indiana Adversary Proceeding Cover Sheet is an official document submitted to the court by parties involved in an adversary proceeding in the state of Indiana. An adversary proceeding is a civil action brought in bankruptcy court by a creditor, debtor, or other interested party who has a claim against the debtor, or against the debtor's property. The cover sheet serves as proof that all the required documents have been filed and that all the applicable filing fees have been paid. There are two types of Indiana Adversary Proceeding Cover Sheet: an Initial Cover Sheet and an Amended Cover Sheet. The Initial Cover Sheet is filled out when beginning the adversary proceeding. The Amended Cover Sheet is completed when making changes to the original filing. Both cover sheets must include the filing party’s name, address, telephone number, email address, and the name of the adversary proceeding. Additionally, the Initial Cover Sheet must include the creditor’s name, address, and telephone number, while the Amended Cover Sheet must include the date of the amendment and the nature of the amendment.
Indiana Adversary Proceeding Cover Sheet
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How to fill out Indiana Adversary Proceeding Cover Sheet?
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FAQ
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.
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.
A party filing an adversary proceeding must also must complete and file Form 1040, the Adversary Proceeding Cover Sheet, unless the party files the adversary proceeding electronically through the court's Case Management/Electronic Case Filing system (CM/ECF).
An adversary proceeding in bankruptcy is a separate lawsuit filed within the bankruptcy case. Like most lawsuits, it starts when someone (the creditor, the bankruptcy trustee, or you) files a complaint. Many bankruptcies go through to completion and discharge without any adversary proceedings.
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.
Any claim or cause of action removed to a bankruptcy court pursuant to 28 U.S.C. §1478 is also an adversary proceeding. Unlike former Bankruptcy Rule 701, requests for relief from an automatic stay do not commence an adversary proceeding.
The purpose of an adversary proceeding is to discuss specific issues that arise during the bankruptcy process, such as determining the dischargeability of a debt, recovering property abandoned by the trustee, or objecting to the discharge of a debtor.