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Motion to Dismiss Adversary Proceeding Select Adversary menu. Select Motions. Enter the case number using correct format and ensure case name and number match the document you are filing. Select Document event: Dismiss Adversary Proceeding (motion). Select the party filer.
Under Rule 7004(f), the summons must be served within 10 days of issuance. The other pleading periods in adversary proceedings are the same as those in civil actions before the district courts, except that the United States is allowed 35 rather than 60 days to respond.
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.
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.
An Adversary Proceeding is CLOSED by the clerk's office after all activity is completed. A clerk creates a docket entry with language to indicate the adversary proceeding is now closed. Neither the Bankruptcy Code nor Federal Bankruptcy Rules provide guidance on how to reopen an adversary proceeding.
Sometimes an adversary proceeding will arise when a debtor owns property with someone else. The trustee may need to bring a lawsuit to divide your interest in the property from the interest of the co-owner so that they can force a sale and take the proceeds to pay your creditors.