The New York Adversary Proceeding Cover Sheet is a document that must be filed with the court when commencing an adversary proceeding in New York. This document provides the court with information about the case, such as the names and addresses of the parties, the type of adversary proceeding, the title of the case, the case number, and the date of filing. The types of New York Adversary Proceeding Cover Sheets include: complaint, answer, third-party complaint, and amended complaint. The cover sheet also requires the payment of the filing fee and the designation of the principal place of trial. The cover sheet must be signed by the attorney of record and must include the attorney’s name and address.
New York Adversary Proceeding Cover Sheet
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New York
Control #:
NY-BKR-434W
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Adversary Proceeding Cover Sheet
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FAQ
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.
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).
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.
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.
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.
