This form is a summons and notice of trial in an adversary proceeding. A motion or answer must be filed by the opposing party within 30 days after the date of the issuance of the summons.
Summons and Notice of Trial in an Adversary Proceeding 0B 250C
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US-B-250C
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FAQ
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.
Actions filed under Section 727 are adversary proceedings within a bankruptcy case. A creditor or the bankruptcy trustee files the action, which is a separate proceeding within the bankruptcy case. Section 727 proceedings are a type of bankruptcy litigation.
An adversary complaint is a type of civil lawsuit that may be brought against a debtor who is filing for bankruptcy. Although adversary complaints are related to the primary bankruptcy matter, they are considered a separate case.
The defendant in the adversary proceeding has an opportunity to respond to the complaint, either by filing an answer or a motion (for example, a motion to dismiss the complaint). If the defendant does not file a responsive pleading, the bankruptcy court can enter a default judgment against the defendant.
A contested matter is initiated by a party in interest, including a debtor, filing a motion requesting relief (rather than a complaint) in the context of a main bankruptcy proceeding. When a party objects to the motion the matter is considered contested.
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.