The New York Adversary Proceeding Cover Sheet is a document required by the Bankruptcy Court for the Southern District of New York for all adversary proceedings. It serves as a summary of the case and contains basic information such as the parties involved, the relief sought, the nature of the dispute, and the date of filing. The primary purpose of the cover sheet is to provide a summary of the case to judges and bankruptcy clerks, allowing them to quickly identify relevant information and determine whether the case should be assigned to a specific judge or bankruptcy clerk. There are two types of New York Adversary Proceeding Cover Sheet: one for cases initiated by a complaint, and one for cases initiated by a motion. The complaint cover sheet is used for complaints filed by the plaintiff against the defendant and includes information such as the names of the parties, the relief sought, the nature of the dispute, the date of filing, and the assigned judge if known. The motion cover sheet is used for motions filed by either party in a case and includes similar information as the complaint cover sheet but also includes the title of the motion.
New York Adversary Proceeding Cover Sheet
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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.
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).
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.
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.
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.
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.