Description: The Maryland Adversary Proceeding Cover Sheet — B 104 is a legal document used in the state of Maryland during adversary proceedings in bankruptcy cases. It serves as a cover sheet or summary of the information related to the specific case and helps to organize and classify the proceedings appropriately. This Cover Sheet includes various relevant details, such as the case number, names of the parties involved (plaintiffs and defendants), attorney information, contact details, nature of the proceeding, and other necessary information. Keywords: Maryland, adversary proceeding, cover sheet, B 104, legal document, bankruptcy case, organize, classify, case number, parties, plaintiffs, defendants, attorney, contact details, nature of proceeding. Different types of Maryland Adversary Proceeding Cover Sheet — B 104: 1. Voluntary Adversary Proceeding Cover Sheet — B 104: This type of cover sheet is used when the adversary proceeding is initiated by a party voluntarily. It includes all the required details regarding the voluntary nature of the proceeding and the party initiating it. 2. Involuntary Adversary Proceeding Cover Sheet — B 104: This cover sheet is utilized when the adversary proceeding is filed against a party without their consent. It includes information regarding the involuntary nature of the proceedings and the reasons for such a filing. 3. Cross-Claim Adversary Proceeding Cover Sheet — B 104: In situations where a defendant seeks to bring legal action against the plaintiff or a co-defendant, this specific cover sheet is utilized. It includes details such as the defendant's claim against the plaintiff or co-defendant and the reasons for the filing. 4. Counterclaim Adversary Proceeding Cover Sheet — B 104: When the defendant asserts a claim against the plaintiff in response to the original complaint, this cover sheet is used. It provides information about the defendant's counterclaim and the reasons for filing it. Note: The above-mentioned types are just examples and not an exhaustive list. Different courts may have specific variations or additional types of Maryland Adversary Proceeding Cover Sheets — B 104 based on their requirements and proceedings.
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FAQ
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.
After an adversary complaint is filed, the defendant has a specific deadline to file and serve a written response to the complaint, and then a series of pre-trial hearings/conferences take place until the lawsuit is settled, dismissed, or goes to trial.
The proper procedure is to file a motion to compromise and settle in the legal case, not the adversary proceeding. That pleading should only have the legal caption, as the body of the motion should contain the adversary proceeding information.
An adversary proceeding begins with the filing of a complaint to initiate the proceeding. In contrast, a contested matter occurs within the bankruptcy case. A contested matter starts with a motion filed in the bankruptcy case itself.
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.