In an adversary proceeding, the caption used in Pennsylvania can vary depending on whether it is PRE or post-2005 Act. Here are detailed descriptions of the Pennsylvania caption formats for use in an adversary proceeding other than for a complaint filed by a debtor under Form 16D: Pre-2005 Act Pennsylvania Caption: In a pre-2005 Act adversary proceeding, the caption format consists of the following elements: 1. Heading: The top of the caption should contain the title "UNITED STATES BANKRUPTCY COURT," followed by the appropriate district name. 2. Adversary Proceeding Number: The case number assigned to the adversary proceeding should be indicated just below the heading. 3. Plaintiff(s): The names of the plaintiff(s) should be stated, clearly indicating their role in the proceeding. 4. Versus/and/or: The word "VERSUS" or "AND" should be used to separate the plaintiff(s) from the defendant(s). 5. Defendant(s): The names of the defendant(s) must be listed, specifying their involvement in the proceeding. 6. Case Caption: The case caption should include the name of the proceeding or the main case, if applicable. 7. Preposition: The phrase "IN AN ADVERSARY PROCEEDING" should be stated before the title of the specific proceeding. 8. Cause of Action: The legal basis or cause of action for the adversary proceeding must be mentioned. 9. Relief Sought: A brief description of the relief sought by the plaintiff(s) in the proceeding should be included. 10. Attorney Information: The names, addresses, and contact details of the respective attorneys for the plaintiff(s) and defendant(s) should be stated at the bottom of the caption. Post-2005 Act Pennsylvania Caption: In a post-2005 Act adversary proceeding, the caption format follows the same elements as the pre-2005 Act format with slight variations. The key difference lies in the inclusion of additional information to comply with the amendments brought about by the 2005 Act. This additional information includes the debtor's name, the case number of the main bankruptcy case, and the specific chapter under which the main bankruptcy case was filed. Different types of Pennsylvania Captions for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor — Form 16D: 1. Pre-2005 Act Pennsylvania Caption: This caption format is used for adversary proceedings filed before the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAP CPA) in 2005. 2. Post-2005 Act Pennsylvania Caption: This caption format is utilized for adversary proceedings filed after the implementation of the BAP CPA amendments. It includes additional information related to the debtor's name, the main case number, and the chapter under which the main bankruptcy case was filed. By using the appropriate Pennsylvania caption format for an adversary proceeding, litigants can ensure clarity and compliance with the court's guidelines, facilitating an efficient and effective legal process.
Pennsylvania 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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How to fill out Pennsylvania 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 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.
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 contested matter begins when one party files a motion that seeks relief against another party. Filing a contested matter is a procedure used when the relief sought does not require filing a complaint and serving a summons (known as an adversary proceeding).
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.
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.
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.
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.
An adversary proceeding (or ?AP?) is a lawsuit filed separate from but related to the bankruptcy case. It is an action commenced by one or more Plaintiffs filing a Complaint against one or more Defendants and resembles a typical civil case. The Plaintiff is the person, partnership or corporation initiating the lawsuit.