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Adversary Filing Requirements

Filing Requirements - Adversary Proceeding

 Required Documents:

  • Filing Fee See Fee Schedule
  • No fee is due if, the plaintiff is the Trustee or a debtor-in-possession however, the plaintiff must docket the Text Event:  Application to Defer Fee after filing the complaint
  • No fee is due if the plaintiff is the debtor
  • No fee is due if a child support creditor or representative files the complaint and submits the form required by Sec. 304(g) of the Bankruptcy Reform Act of 1994
  • Form 416D  Complaint Local Rule 7001-1(A)
  • Form 1040 Adversary Cover Sheet
  • Form 2400A Summons is contained as a hyperlink on the Docket Sheet
  • Local Form 7004-2(B) Certificate of Service -Service of the Summons and the Complaint shall be made pursuant to Bankruptcy Rule 7004. The Summons and Complaint must be served within 7 days from the date the Summons is issued.  Proof of Service is required to be filed with the court.  The Summons and the Complaint shall be attached to the Certificate of Service and filed as an executed Return of Service.
  • Alias Summons - If a summons is not timely served, the plaintiff shall request the issuance of an Alias Summons by docketing the event: Request for Issuance of Alias Summons.  The clerk shall issue and docket an Alias Summons, the Plaintiff will receive the Alias Summons by e-mail contained in the Notice of Electronic Filing.