Maryland Adversary Cover Sheet

State:
Maryland
Control #:
MD-SKU-0474
Format:
PDF
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Description

Adversary Cover Sheet

Maryland Adversary Cover Sheet is a document that must be completed by a party initiating a court proceeding in Maryland. The document provides the court with basic information about the parties involved in the case and the type of case being filed. There are two types of Maryland Adversary Cover Sheet: the Civil Cover Sheet and the Probate Cover Sheet. The Civil Cover Sheet is used for civil actions, such as contract disputes, property disputes, and personal injury claims, among others. The Probate Cover Sheet is used for proceedings involving the estate of a deceased person, including wills, trusts, and guardianship. Both forms require the name and contact information of the parties involved, the type of action being taken, the name of the court in which the action is being filed, and the case number assigned to the action.

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FAQ

A defendant can respond to an adversary proceeding by filing an answer or a motion (e.g., a motion to dismiss the complaint) within 30 days from the date of the summons. If the defendant fails to file a responsive pleading, the bankruptcy judge can enter a default judgment against the defendant.

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.

Once an adversarial proceeding has begun, a court may refuse to discharge debts if a creditor can show that those debts are the result of the debtor's fraud or the debtor failed to properly disclose information as per USC 27 §727.

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.

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).

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Maryland Adversary Cover Sheet