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San Diego California Caption for Use in Adversary Proceeding Other than for a Complaint Filed by a Debtor - Form 16D - Pre and Post 2005 Act
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FAQ
Any action, hearing, investigation, inquest, or inquiry brought by one party against another in which the party seeking relief has given legal notice to and provided the other party with an opportunity to contest the claims that have been made against him or her.
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).
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.
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.
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 (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.
Getting a discharge means that your personal liability on qualifying debt is wiped out, and the creditor can no longer do anything to collect the debt from you. Creditors aren't allowed to call you, sue you, garnish your wages, or continue any other collection efforts on the discharged debt.
What is an Adversary Complaint? 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.