The Wyoming Caption for Use in Adversary Proceeding other than for a Complaint Filed by a Debtor is a document used to identify the parties involved in the legal proceedings and to provide the court with the necessary information to properly administer the case. This document includes the names and addresses of all parties involved in the case, the name of the court, the title of the adversary proceeding, the case number, and the date of filing. Wyoming Caption for Use in Adversary Proceeding other than for a Complaint Filed by a Debtor may be used for a variety of proceedings such as Motion for Relief from Stay, Motion to Compel Turnover, Objection to Claim, Objection to Exemptions, Motion to Dismiss, or Motion for Summary Judgment.
Wyoming Caption for Use in Adversary Proceeding other than for a Complaint Filed by a Debtor
State:
Wyoming
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WY-BKR-416D
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Caption for Use in Adversary Proceeding other than for a Complaint Filed by a Debtor
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(A) In addition to the disclosures required by paragraph (1), (1.1) or (1.2), a party must disclose to the other parties the identity of any witness it may use at trial to present evidence under Wyoming Rule of Evidence 702, 703, or 705. (B) Witnesses Who Must Provide a Written Report.
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.
An adversary proceeding complaint is filed with the clerk's office. Unless the complaint is electronically filed, it must be filed with a completed Adversary Proceeding Coversheet on Local Bankruptcy Form 1040 (which is identical to Official Form 1040).
If no written objection is timely filed, the court may sign the judgment or order. If objection is timely filed, the court will resolve the matter with or without a hearing.
When an Adversary Proceeding Might Happen. Many adversary proceedings arise from alleged fraud by a debtor. If it appears that a debtor has committed fraud or violated a court order, the trustee or creditors might file an objection to the debtor's discharge.
Debtor Adversary Proceedings In some situations, a debtor initiates an adversary proceeding in the bankruptcy case. For example, the debtor may file an action against a creditor if the creditor violates of the automatic stay on debt collection provided by filing for bankruptcy.
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).