ADVERSARY PROCEEDING COVER SHEET - Allegrobankruptcy.com 2025

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This is known as an adversary proceeding. A debtor, a creditor, or the trustee can initiate an adversary proceeding when they want to accomplish something that cannot be achieved by filing a motion within the bankruptcy case.
After an adversary complaint is filed, the defendant has a specific deadline to file and serve a written response to the complaint, and then a series of pre-trial hearings/conferences take place until the lawsuit is settled, dismissed, or goes to trial.
The creditor must file the adversary proceeding no later than 60 days after the first date set for the [meeting of creditors]. (See FRBP 4007(c).) The meeting of creditors is usually about a month after you file your bankruptcy case.
An adversary proceeding begins with the filing of a complaint to initiate the proceeding. In contrast, a contested matter occurs within the bankruptcy case. A contested matter starts with a motion filed in the bankruptcy case itself.
An adversary proceeding complaint is filed with the clerks office. Unless the complaint is electronically filed, it must be filed with a completed Adversary Proceeding Coversheet on Local Bankruptcy Form 1040 (which is identical to Official Form 1040).
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Responding to an Adversary Proceeding Summons The first step is to file an answer to the complaint within the designated time frame, typically 30 days after the issuance of the summons. The summons must be served, often by mailing a copy of the summons and complaint to your dwelling house or usual place of residence.

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