Kentucky Adversary Proceeding Cover Sheet

State:
Kentucky
Control #:
KY-SKU-0305
Format:
PDF
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Description

Adversary Proceeding Cover Sheet

A Kentucky Adversary Proceeding Cover Sheet is a form used in Kentucky courts to initiate an adversary proceeding. The cover sheet is used to provide the court with basic information about the proceeding, such as the names of the parties involved, a description of the dispute, and the relief sought. The cover sheet also includes a signature of the party filing the proceedings. There are two types of Kentucky Adversary Proceeding Cover Sheet: one for adversary proceedings in bankruptcy cases and one for adversary proceedings in civil cases. The cover sheet for bankruptcy cases includes additional information, such as the debtor's name and address, the creditor's name and address, and the bankruptcy case number.

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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.

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.

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 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.

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).

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.

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Kentucky Adversary Proceeding Cover Sheet