Adversary Proceeding Filing Requirements
An adversary proceeding is a lawsuit arising in or related to a bankruptcy case. It is commenced by filing a complaint with the court. These lawsuits usually focus around alleged improper act on the debtor's part, including fraud, misrepresentation, or failure to abide by the Bankruptcy Code and accompanying Rules.
Copy Requirement: Original plus two (2) copies
The copy requirement numbers above include the copy to be returned to the filing party. See Local Rules 1002 (a) (1) and 7010 (c) (1)
The IRS has access to documents through the internet, so a copy is not required to be forwarded.
Administrative Order #02-1 (For Electronic Filers)
Filing users shall provide paper courtesy copies for chambers of all motions, oppositions, replies, and memorandum of law together with all exhibits and attachments which have been submitted in electronic form on the System until further notice of the Court.
- Documents Required at Time of Filing (Minimum Filing Requirements)
- Adversary Standard Discovery Plan or Request for Waiver of Filing Discovery
- Summons (The court will electronically issue a summons for electronic filers or "e-filers.")
- The Plaintiff must serve, with the Summons and Adversary Complaint, the document titled, What to Do After You've Been Sued in an Adversary Proceeding.
- One (1) copy of Adversary Proceeding Procedures
- $350 Filing Fee unless plaintiff is:
- Trustee (in all chapters)
- Chapter 7, 12 or 13 debtor
- Chapter 11 debtor who does not have a confirmed plan
* Pro Se: Payment must be made by Money Order, Cashier’s Check or Cash
- Exact change is required
- No Personal checks from debtors are accepted