The Vermont Adversary Proceeding Cover Sheet is a form used to initiate an adversary proceeding in the United States Bankruptcy Court for the District of Vermont. It should be filed with the Clerk of the Bankruptcy Court, along with the appropriate filing fee. The form requires the plaintiff and defendant to provide the following information: names of the parties, filing party’s name, address, phone number, and email address, case number, adversary proceeding type, and amounts sought to be recovered. The types of Vermont Adversary Proceeding Cover Sheet include Complaint to Determine Discharge ability, Complaint to Determine Secured Status, and Complaint for Turnover of Property.
Vermont Adversary Proceeding Cover Sheet
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Adversary Proceeding Cover Sheet
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The purpose of an adversary proceeding is to discuss specific issues that arise during the bankruptcy process, such as determining the dischargeability of a debt, recovering property abandoned by the trustee, or objecting to the discharge of a debtor.
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.
Any claim or cause of action removed to a bankruptcy court pursuant to 28 U.S.C. §1478 is also an adversary proceeding. Unlike former Bankruptcy Rule 701, requests for relief from an automatic stay do not commence an adversary proceeding.
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 filing an adversary proceeding must also must complete and file Form 1040, the Adversary Proceeding Cover Sheet, unless the party files the adversary proceeding electronically through the court's Case Management/Electronic Case Filing system (CM/ECF).
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.
An adversary proceeding in bankruptcy is a separate lawsuit filed within the bankruptcy case. Like most lawsuits, it starts when someone (the creditor, the bankruptcy trustee, or you) files a complaint. Many bankruptcies go through to completion and discharge without any adversary proceedings.