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The Adversary Complaint form is a critical document used in bankruptcy proceedings to initiate a lawsuit related to a bankruptcy case. This form sets the stage for a legal dispute between the plaintiff and defendant within the bankruptcy court framework. It begins with essential details, including the names of the debtor and the parties involved, alongside the respective case numbers. A significant component is the summons, which instructs the defendant to respond to the complaint within a specified timeframe—generally 30 days, or 35 days for federal agencies. This timeline is crucial; failing to respond can lead to a default judgment against the defendant, highlighting the importance of adhering to the procedural rules. The form also includes provisions for service of process, specifying how the summons and complaint should be delivered to ensure the defendant is properly notified. Additionally, it contains a notice to litigants, emphasizing the serious implications of the proceeding, potential effects on discharge, and the options available for those who may want to seek legal counsel, including resources for pro bono legal assistance. Understanding the intricacies of this form is essential for all parties involved, as it not only delineates responsibilities but also outlines the rights of individuals navigating the complexities of bankruptcy litigation.

Adversary Complaint Example

UNITED STATES BANKRUPTCY COURT

DISTRICT OF COLORADO

In re

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Bankruptcy Case No.

 

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Debtor(s).

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Adversary Proceeding No.

 

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Plaintiff(s).

)

 

 

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Defendant(s).

 

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SUMMONS IN AN ADVERSARY PROCEEDING

YOU ARE SUMMONED AND REQUIRED TO FILE A WRITTEN MOTION OR ANSWER TO THE COMPLAINT WHICH IS ATTACHED TO THIS SUMMONS WITH THE CLERK OF THE BANKRUPTCY COURT WITHIN 30 DAYS AFTER THE DATE OF ISSUANCE OF THIS SUMMONS, EXCEPT THAT THE UNITED STATES AND ITS OFFICES AND AGENCIES SHALL FILE A MOTION OR ANSWER TO THE COMPLAINT WITHIN 35 DAYS.

 

 

 

 

Address of the Clerk:

Clerk, U.S. Bankruptcy Court

 

 

U.S. Customs House

 

 

721 19th Street

 

 

Denver, Colorado 80202

 

 

 

 

 

 

AT THE SAME TIME, YOU MUST ALSO SERVE A COPY OF THE MOTION OR ANSWER ON THE PLAINTIFF’S ATTORNEY.

Name and Address

of Plaintiff’s Attorney:

If you file a motion, your time to answer is governed by Rule 7012 of the Federal Rules of Bankruptcy Procedure.

IF YOU FAIL TO RESPOND TO THIS SUMMONS BY WRITTEN MOTION OR ANSWER FILED AND SERVED AS SET FORTH ABOVE, YOUR DEFAULT MAY BE ENTERED AND JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT. ATTORNEYS OF RECORD IN THE ADVERSARY PROCEEDING AND UNREPRESENTED PARTIES MUST ATTEND THE STATUS CONFERENCE.

Bradford L. Bolton, CLERK OF BANKRUPTCY COURT

By:

Date

Deputy Clerk

(name of state)

CERTIFICATE OF SERVICE

I, ________________________________________, certify that I am, and at all times during the service of

process was, not less than 18 years of age and not a party to the matter concerning which service of process was made. I further certify that the service of this summons and a copy of the complaint was made

_____________________________________ by:

(date)

9 Mail service: Regular, first class United States mail, postage fully pre-paid, addressed to:

9 Personal Service: By leaving the process with defendant or with an officer or agent of defendant at:

9 Residence Service: By leaving the process with the following adult at:

9 Publication: The defendant was served as follows: [Describe briefly]

9 State Law: The defendant was served pursuant to the laws of the State of _________________,

as follows: [Describe briefly]

Under penalty of perjury, I declare that the foregoing is true and correct.

_______________________________

________________________________________

Date

Signature

Print Name

Business Address

City, State, Zip

A copy of this Notice to Litigants and the attached income information should be

served along with the Summons and Complaint. GPO – 1994-3.

UNITED STATES BANKRUPCY COURT

DISTRICT OF COLORADO

NOTICE TO LITIGANTS

You have been named as a defendant in an adversary proceeding, the outcome of which may affect your bankruptcy discharge. Even if you have already received a discharge, this is a serious matter that you should not ignore.

Individual litigants are entitled to appear without an attorney and represent themselves in the Bankruptcy Court. However, the rules can be quite technical and failure to comply with the rules can have severe consequences. Before deciding to appear on your own, you should consider consulting an attorney. If you cannot afford an attorney, you may contact:

Faculty of Federal Advocates

Bankruptcy Pro Bono Program

Ms. Peggy Lord, Administrator

Bankruptcy PRO BONO Program

1200 Seventeenth Street, Suite 3000

Denver, Colorado 80202

303.628.9669

Fax: 303.623.9222

plord@rothgerber.com

Upon contact, you will be screened for eligibility and, if it is determined that you are eligible, an attorney may be found who will represent you without payment of attorneys’ fees. You may, however, still be responsible for payment of costs. When you make contact with the above noted organization, please have a copy of the Summons and Complaint with you.

Form Characteristics

Fact Name Details
Jurisdiction This form is used in the United States Bankruptcy Court for the District of Colorado.
Filing Deadline A written motion or answer to the Adversary Complaint must be filed within 30 days. Agencies of the United States have 35 days.
Service Requirement A copy of the motion or answer must also be served to the Plaintiff’s attorney at the same time it is filed.
Consequences of Non-Compliance If a party fails to respond properly, a default may be entered against them, potentially resulting in a judgment by default.
Status Conference Attendance All attorneys and unrepresented parties must attend a status conference pertaining to the adversary proceeding.
Certificate of Service A Certificate of Service must be completed, certifying proper service of the summons and complaint was made.
Pro Bono Assistance Defendants may seek free legal representation through the Bankruptcy Pro Bono Program in Colorado if they qualify.

Guidelines on Utilizing Adversary Complaint

To fill out the Adversary Complaint form correctly, you’ll need to follow several key steps. Each part of the form requests specific information that is crucial for your case. Make sure to complete every section carefully to avoid delays in your proceedings.

  1. Start with the title of the court: Write "UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO."
  2. Next, fill in the “In re” section with the case name and number of the bankruptcy case.
  3. For the “Adversary Proceeding No.” line, enter the number assigned to your adversary proceeding.
  4. In the “Plaintiff(s)” section, write your name and the names of any co-plaintiffs.
  5. Then, for the “Defendant(s)” section, include the name(s) of the defendant(s).
  6. Leaving space for the issuance date, move on to the “SUMMONS IN AN ADVERSARY PROCEEDING” section.
  7. Under the summons text, you will find the address for the Clerk. Write "Clerk, U.S. Bankruptcy Court, U.S. Customs House, 721 19th Street, Denver, Colorado 80202".
  8. Record the name and address of the plaintiff’s attorney in the provided space.
  9. In the “CERTIFICATE OF SERVICE” section, fill in your name and confirm your eligibility to certify the service process.
  10. Indicate the method used for service (mail, personal, residence, or publication) and provide further details as necessary.
  11. Remember to sign and date the certificate at the bottom. Also, print your name and business address clearly.

After completing this form, it's essential to ensure it is filed with the Bankruptcy Court and that a copy is served to the plaintiff’s attorney. Take note of the deadlines for filing your motion or answer to avoid any defaults. Knowledge of these steps can help you navigate the legal process more effectively.

What You Should Know About This Form

What is an Adversary Complaint form?

The Adversary Complaint form is a legal document used in United States Bankruptcy Court when a party seeks to initiate a lawsuit related to a bankruptcy case. Through this form, the plaintiff formally presents their claims against the defendant. It is crucial for ensuring that all parties are aware of the claims and necessary responses, particularly since the outcomes can impact bankruptcy discharges.

What must be included in the Adversary Complaint?

An Adversary Complaint must contain essential information, including the names of the plaintiff and defendant, a clear statement of the claims being made, and the relief sought by the plaintiff. Details surrounding the bankruptcy case number and adversary proceeding number are also necessary. The complaint typically ends with a request for a judgment that supports the plaintiff's claims.

What happens if the defendant does not respond to the summons?

If the defendant fails to respond to the summons within the specified time frame, default judgment may be entered against them. This means the court can rule in favor of the plaintiff without hearing from the defendant, granting the relief requested in the complaint. It is essential for defendants to act promptly to avoid such consequences.

How does one serve an Adversary Complaint?

Serving an Adversary Complaint involves delivering a copy of the summons and complaint to the defendant. This can be done through various methods, including personal service, mail service, or service at the defendant's residence. Proper documentation of the service must be submitted to the court, detailing how and when service was completed.

Can individuals represent themselves in an adversary proceeding?

Yes, individuals are permitted to represent themselves in an adversary proceeding without an attorney. However, the legal process can be complex, and failure to comply with the rules may lead to unfavorable outcomes. It is advisable to consult with an attorney for guidance, particularly when one cannot afford legal representation. Pro bono services may be available for eligible individuals.

What is the time frame for responding to an adversary complaint?

Typically, a defendant has 30 days from the issuance date of the summons to file a written motion or answer with the bankruptcy court. For the United States and its agencies, the timeline extends to 35 days. Timeliness in filing is critical to preserving the defendant's rights in the proceedings.

Common mistakes

Filling out the Adversary Complaint form can be an intricate process, and several common mistakes could arise. One notable error is failing to provide complete information about the debtor. When the heading of the complaint is created, ensure that all debtor names, as well as any relevant case numbers, are filled out accurately. Omissions or inaccuracies can lead to confusion and delay.

Another common pitfall involves incorrect service procedures. It is crucial to follow the specified service methods outlined in the form. Many individuals mistakenly believe they can use a method that is not acceptable, which can lead to the rejection of the complaint. Always confirm the appropriate service methods, such as personal service or mail service, to avoid unnecessary complications.

Some people also overlook the importance of providing clear dates. When indicating when documents are served, clarity is key. Not specifying exact dates can create misunderstandings about deadlines, potentially harming your case. Aim to write dates clearly and check that they align with the requirements laid out in the summons.

A frequent mistake relates to the signature requirement. Those filling out the form may forget to sign their certification of service. Without the required signature, the submission may not hold up in court. Remember, providing your signature lends credibility to your statements and confirms that you are in compliance with the rules.

Individuals often fail to serve a copy of the notice to litigants along with the summons, which is essential. This oversight can lead to complaints being dismissed or delayed, affecting the entire proceeding. Ensure you review all attachments to guarantee completeness.

The omission of a precise business address for the plaintiff’s attorney is another error. When filing the complaint, the address must be current and accurate to ensure proper communication. Incomplete or incorrect addresses can break the link in communication during the proceedings.

Additionally, a common mistake is assuming that one can submit the form without a thorough review. Potential errors in grammar or unclear language can mislead the court and could lead to complications. A final proofread can save time and misinterpretation later on.

Failing to consider the implications of the adversary proceeding can also be detrimental. Many may overlook how the proceedings can impact bankruptcy discharge. Taking the time to understand this element can profoundly affect your strategy and decisions. Seek guidance if needed; awareness of the process is crucial.

One more issue arises when individuals do not consult the rules regarding response times. Misunderstanding the required timelines can lead to unintended defaults, significantly impacting cases. Always be diligent in noting the nuances of the timelines presented in court documents.

Lastly, neglecting to consult legal assistance can jeopardize the process. Many individuals underestimate the complexity of the adversary process. Whether you qualify for pro bono services or can afford representation, seeking help could provide you valuable insight. Even if you feel prepared, a fresh perspective is often beneficial for such serious matters.

Documents used along the form

The Adversary Complaint form is a critical document in bankruptcy proceedings. Various other forms and documents accompany it, serving specific functions in the legal process. Below is a concise list of associated forms and documents commonly used in adversary proceedings.

  • Summons: This document notifies the defendant of the legal action against them. It requires the defendant to respond within a specified timeframe, typically 30 days.
  • Certificate of Service: This form confirms that the defendant has received the summons and complaint. It must document how and when the documents were served.
  • Notice to Litigants: This notice informs defendants of their rights and the implications of the adversary proceeding. It highlights the seriousness of the matter and suggests seeking legal counsel.
  • Motion for Default Judgment: If the defendant fails to respond, the plaintiff may file this motion. It requests the court to grant a judgment by default due to the defendant's inaction.
  • Answer: This document is the defendant's formal response to the complaint. It addresses each allegation made against them and may contain defenses or counterclaims.
  • Counterclaim: If the defendant believes they have a valid claim against the plaintiff, they can file a counterclaim as part of their answer.
  • Discovery Requests: Parties may exchange information through discovery requests. These can include interrogatories, requests for documents, or requests for admission.
  • Status Conference Report: This document summarizes the current status of the adversary proceeding and may outline any unresolved issues, helping the court manage the case efficiently.
  • Settlement Agreement: If the parties reach an agreement, this document outlines the terms and conditions for resolving the adversary proceeding without further litigation.

Understanding these forms and documents is essential for navigating the adversary proceeding effectively. Properly completing and filing these items helps ensure that the process proceeds smoothly and within the established legal framework.

Similar forms

The Adversary Complaint form shares similarities with various legal documents. Each of these documents serves a unique but related purpose in legal proceedings. Here are ten documents that are similar to the Adversary Complaint form:

  • Complaint: A formal statement initiating a lawsuit, outlining the plaintiff's claims and the relief sought. It establishes the basis for the court's jurisdiction and the plaintiff's legal standing.
  • Answer: A document filed by the defendant responding to the complaint. It addresses the claims made and may include defenses, counterclaims, or denials of the allegations.
  • Summons: While part of the Adversary Complaint, a standalone summons informs the defendant of the legal action and commands them to respond within a specific timeframe.
  • Motion: A request made to the court asking for a ruling or order. A motion can arise during the proceedings to resolve specific issues related to the case.
  • Certificate of Service: A formal document confirming that legal papers have been delivered to the appropriate parties. This ensures all parties are notified of the proceedings.
  • Pretrial Statement: A summary submitted to the court outlining the facts and legal issues before trial. It helps streamline the issues for trial preparation.
  • Joint Status Report: Filed by both parties to update the court on the progress of the case. It provides information on discovery, settlement negotiations, and schedules.
  • Discovery Requests: Documents such as interrogatories and subpoenas aimed at gathering information from the other party ahead of trial. They are essential for preparing a case.
  • Affidavit: A sworn written statement affirming the truth of certain facts, often used to support motions or claims in legal proceedings.
  • Judgment: A court's final decision resolving the issues in a case. It is the outcome that may stem from the adversary proceeding initiated by the complaint.

Dos and Don'ts

When filling out the Adversary Complaint form, there are important dos and don'ts to consider. Here is a list to help you navigate the process more effectively.

  • Do read the instructions carefully before beginning to fill out the form.
  • Do ensure all information is accurate and complete to avoid delays.
  • Do file your motion or answer within the specified time frame.
  • Do serve a copy of your motion or answer to the plaintiff’s attorney simultaneously.
  • Don't ignore the summons or fail to respond, as this can lead to a default judgment.
  • Don't leave out important details, such as the case number or names of the parties involved.
  • Don't attempt to file without first reviewing the required format and procedures.
  • Don't hesitate to seek legal help if you are unsure about the process.

Misconceptions

Understanding the Adversary Complaint form can be challenging, especially with common misconceptions surrounding it. Here are five prevalent misunderstandings that many may have:

  • All defendants need an attorney to file a response. While it's often advisable to have legal representation due to the complexities of the law, individuals can represent themselves in bankruptcy court. However, it's crucial to fully understand the rules and procedures before doing so.
  • The response time is always 30 days. This is a common belief, but it’s important to note that the timeframe can vary. Defendants who are U.S. Government entities have up to 35 days to file their response. Be sure to pay attention to the specifics of your situation.
  • Ignoring the summons will not have serious consequences. Many assume that failure to respond is harmless, but this is a misconception. Ignoring the summons can lead to a default judgment against the defendant, which means the court may grant the relief requested in the complaint without further input from that party.
  • Filing a motion cancels the need for a response to the complaint. This is not accurate. If someone files a motion in response, they still must adhere to the stipulated timelines for submitting an answer to the complaint, as per Rule 7012.
  • Service of process is optional. Some believe that responding to a summons doesn't require serving the plaintiff's attorney. In fact, along with filing a response, defendants must also serve a copy on the plaintiff’s attorney, which is a critical step in the process.

By clarifying these misconceptions, individuals involved in an adversary proceeding can better navigate their legal circumstances and make informed decisions.

Key takeaways

Filling out and using the Adversary Complaint form is a critical process in any bankruptcy case. Understanding the essential points can help ensure compliance and protect your rights.

  • Timely Response Required: You must file a written motion or answer to the complaint within 30 days. If you are the United States or its agencies, this time frame extends to 35 days.
  • Clerk's Address: Submit your response to the Clerk of the U.S. Bankruptcy Court at 721 19th Street, Denver, Colorado, 80202.
  • Service on Plaintiff’s Attorney: Alongside filing, you must also serve a copy of your motion or answer to the plaintiff's attorney simultaneously.
  • Consequences of Non-Response: Failing to respond may lead to a default being entered against you, resulting in a judgment for the relief sought in the complaint.
  • Status Conference Attendance: All attorneys and unrepresented parties involved in the adversary proceeding must attend the status conference.
  • Certificate of Service: The form requires you to certify that service was made according to specified methods such as mail, personal service, or publication.
  • Self-Representation: Individuals may represent themselves in court. However, due to the technical nature of the rules, consulting an attorney is advised.
  • Pro Bono Assistance: If you cannot afford an attorney, reach out to the Faculty of Federal Advocates Bankruptcy Pro Bono Program for possible representation.
  • Consultation Preparation: When seeking assistance, have a copy of the Summons and Complaint ready for review.