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.
Rhode Island 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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An adversary proceeding (AP) is commenced by the filing of a Complaint. A Complaint is a formal, written statement in which the initiating party, (i.e., the Plaintiff) presents the facts as he or she believes them to be and demands relief to which he or she is entitled under the law.
An adversary proceeding (AP) is commenced by the filing of a Complaint. A Complaint is a formal, written statement in which the initiating party, (i.e., the Plaintiff) presents the facts as he or she believes them to be and demands relief to which he or she is entitled under the law.
This means an adversary proceeding (AP) filed in the Los Angeles division in calendar year 2012 and assigned to the Judge Vincent Zurzolo.
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.
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 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.