Adversary (New or Amended)

 

ADVERSARY
(New or Amended)

Overview:

An adversary proceeding is a lawsuit filed within a bankruptcy case commenced by filing a complaint by a plaintiff against one or more defendants.  Certain types of disputes cannot be handled by a motion in a bankruptcy case, but instead require the commencement of an adversary proceeding.  For a complete list of the types of proceedings, please see FRBP 7001

If the complaint is filed in paper format it must be accompanied by an adversary cover sheet (Official Form B104).  If it is filed electronically, the cover sheet is not required as the e-filing process prompts for the information required on Form B104.

The function of the complaint is to tell the Court and the defendant the reason for filing the lawsuit and what relief is desired. 

The complaint normally consists of five main parts:

  1. The caption, which identifies the Court, bankruptcy caption, and party information for the adversary. 
  1. The name and address of the plaintiff and defendant(s).  If there is more than one defendant, each defendant's name and address should be listed separately. 
  1. The jurisdictional reason the case is being filed in the court (28 U.S.C. Section 1334), and a statement as to whether the case is a core or  non-core proceeding (28 U.S.C. 157). 
  1. The allegations or claims against the defendant FRBP 7010 and FRCP 10(b). 
  1. The type of relief requested which may be money, recovery of property, or to make the defendant do or stop doing something.

 When filing an Amended Complaint, at the screen where you will select the party the filing is against, DO NOT use the radio buttons.

Codes, Rules and Forms:

Bankruptcy Code:

28 U.S.C. § 157(b); 28 U.S. C. § 1334

Bankruptcy Rule:

7001; 7003; 7008; 7010; 7012; 7015

Civil Procedure

3; 8; 10(b); 12; 15

 

 

Local Rule:

7002-17003-1

USDC Local Rule:

7.1 through 7.8

Official Form:

B104

 

 

CM/ECF Event(s):

Adversary – File a NEW Complaint
Adversary – File a NEW Sealed Complaint
Complaint, Amended Complaint