Oregon Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor — Form 16D is a legal document used in court proceedings in Oregon. This caption provides important information about the case, the parties involved, and the court where the matter is being heard. The format of this caption may vary based on whether it was filed before or after the enactment of the 2005 Act. Pre-2005 Act Oregon Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor — Form 16D: The pre-2005 Act Oregon Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor — Form 16D consists of several mandatory sections that need to be completed accurately. These sections include: 1. Title: The title should clearly state the case caption, stating "In the [Court Name]". 2. Case Number: The case number is a unique identifier assigned to each case by the court. 3. Plaintiff: The plaintiff's section includes the full name of the party initiating the adversary proceeding, their address, city, county, and state. 4. Defendant: Similar to the plaintiff's section, the defendant's section includes their full name, address, city, county, and state. 5. Attorneys: This section lists the attorneys representing both the plaintiff and the defendant, including their names, addresses, city, county, state, and respective bar numbers. 6. Judge: The name of the judge assigned to the case should be included in this section. 7. Nature of Proceeding: A brief description of the nature of the adversary proceeding should be provided, outlining the specific legal matter being disputed. 8. Rule Under Which Adversary Proceeding is Brought: This section states the specific rule or statute under which the action is being filed. It should also include any applicable subsections or amendments relevant to the case. Post-2005 Act Oregon Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor — Form 16D: The post-2005 Act Oregon Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor — Form 16D follows a similar structure to the pre-2005 Act version. However, with the passage of the 2005 Act, some additional information is required to comply with the updated regulations. 1. Rule 7001(b)(1) Notice: This section includes a notice to parties, outlining the specific bankruptcy rule that requires the use of this form for adversary proceedings that are not complaints filed by a debtor. 2. Caption: The caption section remains the same, providing the case title and court name. 3. Adversary Proceeding Number: This section includes the adversary proceeding number assigned by the court. 4. Related Case: In cases where the adversary proceeding is related to another case, the related case information should be listed. 5. Party Designation: This section designates the parties as either plaintiff, defendant, or other, ensuring clarity for the court and other involved parties. 6. Attorney Information: Similar to the pre-2005 Act version, this section lists the representing attorneys' names, addresses, bar numbers, and their respective party. By providing accurate information in the Oregon Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor — Form 16Dbotherre and post-2005 Act, it helps the court and other parties involved to understand the nature of the case and navigate the legal proceedings effectively.
Oregon Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor - Form 16D - Pre and Post 2005 Act
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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.
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.
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 involved in a bankruptcy case can start an adversary proceeding by filing a complaint. This will describe the basis for the lawsuit and ask the court to provide a remedy for this party, known as the plaintiff.
An adversary proceeding may refer to any case in which two opposing parties resolve a dispute through a neutral third party, however, the term is more frequently used to refer to a specific type of action in bankruptcy court.
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.