The Adversary Proceeding Cover Sheet is a form that must be filed with the U.S. Bankruptcy Court when initiating an adversary proceeding. An adversary proceeding is a type of lawsuit within a bankruptcy case that is used to resolve disputes between parties. The Adversary Proceeding Cover Sheet is used to provide the court with basic information about the proceeding, including the title of the case, the names of the parties involved, and the nature of the dispute. The cover sheet must be signed by the attorney of record and filed along with the complaint. There are three types of Adversary Proceeding Cover Sheet: 1. Form B106A for Complaints to Determine Discharge ability. 2. Form B106B for Complaints to Recover Property. 3. Form B106C for All Other Complaints.
Adversary Proceeding Cover Sheet
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FAQ
In bankruptcy court disputed matters are either classified as ?contested matters? or ?adversary proceedings?. A contested matter commonly arises in disputed motions. Whereas adversary proceedings largely track traditional civil litigation (i.e., Complaint, Answer, Trial).
The objective of filing an adversary proceeding is to get additional financial relief or dispute a portion of the bankruptcy filing. This form of litigation requires a judge's oversight and can't be accomplished with paperwork alone.
Common adversary matters often involve dischargeability of a certain debt, denial of a discharge of all debts, preference payment (an action to recover money paid to a creditor just prior to filing bankruptcy), violation of the automatic stay, or fraudulent transfer issues.
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" 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.
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 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.
Those matters, other than objections to claims, that are disputed but are not within the definition of adversary proceeding contained in Rule 7001.