Adversary Filing Requirements

Filing Requirements - Adversary Proceeding

An Adversary Proceeding is a lawsuit arising in or related to a bankruptcy case. It is commenced by filing a complaint with the Court.

 

Filing Requirements - Adversary Proceeding

Required Documents:

 
Complaint in compliance with Official Form 16D

Summons (automatically generated when case is filed)

Adversary Cover Sheet

$350 Filing fee unless plaintiff is:

  • Trustee (However, an Application to Defer must be submitted with the Complaint.)
  • The debtor
  • A child support creditor or representative file the complaint and submits the form required by Sec. 304(g) of the Bankruptcy Reform Act of 1994

 

 

 

Pursuant to Rule 7004(e), the Summons and Complaint must be served within 14 days from the date the Summons is issued. Proof of Service is required to be filed with the Court. See Local Rule 7004-1 and 7004-2. Service should be made pursuant to Bankruptcy Rule 7004 and filed in compliance with Local Form 7004-2(B).