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.

Requirements

Copy Requirement: ORIGINAL (kept by the court) PLUS ONE (1) COPY (if filer would like to keep a copy)
If filer does not want a full copy, only bring the original for the court.
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.

• Documents Required at Time of Filing (Minimum Filing Requirements)
  • Complaint
  • 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, Adversary Complaint Packet.
  • One (1) copy of Adversary Proceeding Procedures
  • $350 Filing Fee. See exceptions at Bankruptcy Court Miscellaneous fee schedule at: https://www.uscourts.gov/services-forms/fees/bankruptcy-court-miscellaneous-fee-schedule