The Washington Adversary Proceeding Cover Sheet — B 104 is a legal document utilized in the state of Washington to initiate an adversary proceeding within a bankruptcy case. This cover sheet is an essential component of the filing process and provides crucial information about the case to the court and other parties involved. Keywords: Washington, adversary proceeding, cover sheet, B 104, legal document, bankruptcy case, filing process, court, parties involved. In Washington, there are several types of Adversary Proceeding Cover Sheets — B 104 available depending on the specific nature of the case. Some common variations include: 1. B 104 (Creditors' Suits): This type of cover sheet is used when creditors file lawsuits against debtors within a bankruptcy case. It helps categorize and identify the nature of the creditor's claims, enabling the court to properly handle and manage the proceedings. 2. B 104 (Discharge ability Actions): This cover sheet is utilized when a party seeks to challenge the discharge ability of certain debts in a bankruptcy case. It allows the court to identify the specific debts being questioned and handle the related legal actions accordingly. 3. B 104 (Fraudulent Transfer Actions): When a party suspects fraudulent property transfers within a bankruptcy case, they can file a cover sheet of this type. This document assists the court in understanding the alleged fraudulent transfers, facilitating the legal process to resolve the matter. 4. B 104 (Preference Actions): This cover sheet is used when an adversary proceeding involves challenges to certain preferential payments made by the debtor before filing for bankruptcy. By providing crucial information about the payments in question, the court can better address the allegations and protect the interests of all parties involved. It is important for individuals filing adversary proceedings in Washington to use the appropriate type of cover sheet — B 104 based on the specific nature of their case. This ensures that the court and other parties are well-informed, enabling a smoother legal process and resolution.
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FAQ
Under Rule 7004(f), the summons must be served within 10 days of issuance. The other pleading periods in adversary proceedings are the same as those in civil actions before the district courts, except that the United States is allowed 35 rather than 60 days to respond.
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.
The proper procedure is to file a motion to compromise and settle in the legal case, not the adversary proceeding. That pleading should only have the legal caption, as the body of the motion should contain the adversary proceeding information.
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.
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.
For Chapter 7 bankruptcies, there may be some alternatives to paying the entire filing fee at once. You can ask the court to pay the filing fee in installments. However, you must pay the entire $338 fee within 120 days of filing a bankruptcy petition, and in no more than 4 installments.