Bankruptcy court · Adversary proceedings
Adversary Proceeding Complaint
Starts an adversary proceeding (e.g. to recover money or property, determine dischargeability, or object to discharge).
Filed by: Plaintiff
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Complaint stating the claims and whether the party consents to entry of final orders by the bankruptcy court (FRBP 7008)
- Adversary proceeding cover sheet (Form B 1040)
- Summons (FRBP 7004)
- Corporate ownership statement (FRBP 7007.1)
- Filing fee
Deadline and length
Deadline: Complaints objecting to discharge or to determine dischargeability under § 523(c): no later than 60 days after the first date set for the § 341 meeting (FRBP 4004(a), 4007(c)).
Governing rules
- FRBP 7001
- FRBP 7003
- FRBP 7008
- FRBP 7004
Check the local rules for
- Local adversary cover sheet and scheduling practices
Applies in federal bankruptcy courts. Find your court for its local requirements.
Draft this filing in DraftAria.
Court-formatted template with this checklist built in, and brackets where your matter details go.