North Carolina Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor - Form 16D - Pre and Post 2005 Act

• Category: Bankruptcy
• State: Multi-State
• Control #: US-BKR-F16D
• Format: PDF

Description

This form is a caption for use in an adversary proceeding other than for a complaint filed by a debtor. The caption includes: the name of the debtor, the name of the defendant, the case number,and the chapter. This form is data enabled to comply with CM/ECF electronic filing standards. This form is for post 2005 act cases.

North Carolina Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor — Form 16— - Pre and Post 2005 Act Introduction: In North Carolina, an Adversary Proceeding is a legal action filed in bankruptcy court that arises within a bankruptcy case, other than a complaint filed by the debtor. This proceeding encompasses various legal disputes and can occur both before and after the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAP CPA). Two types of North Carolina Captions for Use in Adversary Proceedings can be identified: Pre-2005 Act Caption and Post-2005 Act Caption. 1. Pre-2005 Act Caption: Before the implementation of the BAP CPA in 2005, the Caption for Use in Adversary Proceeding in North Carolina included specific elements that varied slightly from the post-2005 Act version. The Pre-2005 Act Caption for Use in an Adversary Proceeding consisted of the following key information: — Bankruptcy Court District: The specific district where the bankruptcy court involved in the proceeding is located. — Debtor's Name: The name of the debtor involved in the bankruptcy case. — Case Number: The unique identification number assigned to the bankruptcy case. — Adversary Proceeding Number: The distinct identification number assigned to the adversary proceeding within the bankruptcy case. — Adversary Plaintiff(s): The party or parties initiating the adversary proceeding. — Adversary Defendant(s): The party or parties against whom the adversary proceeding is filed. — Adversary Proceeding Title: A concise description of the issue or dispute at hand within the adversary proceeding. 2. Post-2005 Act Caption: Following the enactment of the BAP CPA in 2005, the Caption for Use in Adversary Proceeding in North Carolina underwent certain modifications. The Post-2005 Act Caption for Use in an Adversary Proceeding provides the following essential information: — Bankruptcy Court District: The specific district hosting the bankruptcy court handling the adversary proceeding. — Debtor's Name: The name of the debtor involved in the bankruptcy case. — Case Number: The unique identification number assigned to the bankruptcy case. — Adversary Proceeding Number: The specific identification number assigned to the adversary proceeding within the bankruptcy case. — Adversary Plaintiff(s): The party or parties instigating the adversary proceeding. — Adversary Defendant(s): The party or parties against whom the adversary proceeding is filed. — Adversary Proceeding Title: A brief description highlighting the nature of the issue or dispute being pursued in the adversary proceeding. Conclusion: In North Carolina, Adversary Proceedings are critical legal actions filed within a bankruptcy case. The Caption for Use in Adversary Proceeding distinguishes between the PRE- and Post-2005 Act periods. The caption contains essential information to identify the relevant bankruptcy case, the parties involved, and the nature of the dispute. Ensuring accurate and complete captions is crucial for effective communication within the bankruptcy court system, allowing for proper handling of the adversary proceeding in accordance with the applicable laws and regulations.