Requirements For Filing An Adversary Proceeding {EDC 4-791} | | California

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Requirements For Filing An Adversary Proceeding {EDC 4-791} |  | California

Last updated: 5/30/2015

Requirements For Filing An Adversary Proceeding {EDC 4-791}

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Please select a division. Sacramento Division Modesto Division UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA OFFICE OF THE CLERK 1200 STREET, SUITE COURTHOUSE ROBERT T. MATSUII UNITED STATES4 MODESTO, CA 95354-5276 501 I STREET, SUITE 3-200 SACRAMENTO, CA 95814-2322 DATE: IN RE: CASE NO. REQUIREMENTS FOR FILING AN ADVERSARY PROCEEDING A proceeding to object to or revoke a discharge (other than an objection under Bankruptcy Code §§727(a)(8), (a)(9), or 1328( f )) or to determine the dischargeability of a debt is commenced by filing the following: Properly captioned and signed complaint (original plus one copy); Completed adversary proceeding cover sheet (original only);* and Filing fee of $293.00 payable by cash, money order, or cashier's check made payable to: Clerk, U.S. Bankruptcy Court. Checks drawn on debtor's bank accounts will not be accepted. If the United States or a debtor is the plaintiff, no fee is required. See Federal Rule of Bankruptcy Procedure 7001. Attached is a copy of the objection submitted by you. The original objection has been "Received/Filed" stamped and placed in the main case file. Notice is hereby given that the court will take no action concerning your objection until you comply with the requirements set forth above. The Clerk's Office will issue a Summons and Notice of Status Conference when the complaint is filed. With complaints filed conventionally on paper, please enclose a self-addressed, stamped envelope for return of the summons, endorsed copy of the complaint, Notice of Availability of BDRP, and Order to Confer on Initial Disclosures and Setting of Dates to you for service. Clerk's Office staff is precluded by law from giving legal advice. Legal questions should therefore be directed to competent legal counsel. WAYNE BLACKWELDER, CLERK By: Deputy Clerk * Enclosed cc: Case File EDC 4-791 (Rev. 5/12) American LegalNet, Inc. B104 (FORM 104) (08/07) ADVERSARY PROCEEDING COVER SHEET (Instructions on Reverse) PLAINTIFFS DEFENDANTS ADVERSARY PROCEEDING NUMBER (Court Use Only) ATTORNEYS (Firm Name, Address, and Telephone No.) ATTORNEYS (If Known) PARTY (Check One Box Only) Debtor Creditor U.S. Trustee/Bankruptcy Admin Trustee Other PARTY (Check One Box Only) Debtor Creditor U.S. Trustee/Bankruptcy Admin Trustee Other CAUSE OF ACTION (WRITE A BRIEF STATEMENT OF CAUSE OF ACTION, INCLUDING ALL U.S. STATUTES INVOLVED) NATURE OF SUIT (Number up to five (5) boxes starting with the lead cause of action as 1, first alternative cause as 2, second alternative cause as 3, etc.) FRBP 7001(1) ­ Recovery of Money/Property 11 - Recovery of money/property - § 542 turnover of property 12 - Recovery of money/property - § 547 preference 13 - Recovery of money/property - § 548 fraudulent transfer 14 - Recovery of money/property - other FRBP 7001(2) ­ Validity, Priority or Extent of Lien 21 - Validity, priority or extent of lien or other interest in property FRBP 7001(3) ­ Approval of Sale of Property 31 - Approval of sale of property of estate and of a co-owner - § 363(h) FRBP 7001(4) ­ Objection/Revocation of Discharge 41 - Objection/revocation of discharge - § 727(c), (d), (e) FRBP 7001(5) ­ Revocation of Confirmation 51 - Revocation of confirmation FRBP 7001(6) ­ Dischargeability 66 - Dischargeability - § 523(a)(1), (14), (14A) priority tax claims 62 - Dischargeability - § 523(a)(2), flase pretenses, false representation, actual fraud 67 - Dischargeability - § 523(a)(4), fraud as fiduciary, embezzlement, larceny (continued next column) FRBP 7001(6) ­ Dischargeability (continued) 61 - Dischargeability - § 523(a)(5), domestic support 68 - Dischargeability - § 523(a)(6), willful and malicious injury 63 - Dischargeability - § 523(a)(8), student loan 64 - Dischargeability - § 523(a)(15), divorce or separation obligation (other than domestic support) 65 - Dischargeability - other FRBP 7001(7) ­ Injunctive Relief 71 - Injunctive relief - imposition of stay 72 - Injunctive relief - other FRBP 7001(8) ­ Subordination of Claim or Interest 81 - Subordination of claim or interest FRBP 7001(9) ­ Declaratory Judgment 91 - Declaratory judgment FRBP 7001(10) ­ Determination of Removed Action 01 - Determination of removed claim or cause Other SS-SIPA Case - 15 U.S.C. §§ 78aaa et. seq. 02 - Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy case) Check if this case involves a substantive issue of state law Check if a jury trial is demanded in complaint Other Relief Sought Check if this is asserted to be a class action under FRCP 23 Demand $ American LegalNet, Inc. B104 (FORM 104) (8/07), Page 2 BANKRUPTCY CASE IN WHICH THIS ADVERSARY PROCEEDING ARISES NAME OF DEBTOR BANKRUPTCY CASE NO. DISTRICT IN WHICH CASE IS PENDING DIVISION OFFICE NAME OF JUDGE RELATED ADVERSARY PROCEEDING (IF ANY) PLAINTIFF DEFENDANT ADVERSARY PROCEEDING NO. DISTRICT IN WHICH ADVERSARY IS PENDING DIVISION OFFICE NAME OF JUDGE SIGNATURE OF ATTORNEY (OR PLAINTIFF) DATE PRINT NAME OF ATTORNEY (OR PLAINTIFF) INSTRUCTIONS The filing of a bankruptcy case creates an "estate" under the jurisdiction of the bankruptcy court which consists of all of the property of the debtor, wherever that property is located. Because the bankruptcy estate is so extensive and the jurisdiction of the court so broad, there may be lawsuits over the property or property rights of the estate. There also may be lawsuits concerning the debtor's discharge. If such a lawsuit is filed in a bankruptcy court, it is called an adversary proceeding. A party filing an adversary proceeding must also must complete and file Form 104, the Adversary Proceeding Cover Sheet, if it is required by the court. In some courts, the cover sheet is not required when the adversary proceeding is filed electronically through the court's Case Management/Electronic Case Files (CM/ECF) system. (CM/ECF captures the information on Form 104 as part of the filing process.) When completed, the cover sheet summarizes basic information on the adversary proceeding. The clerk of court needs the information to process the adversary proceeding and prepare required statistical reports on court activity. The cover sheet and the information contained on it do not replace or supplement the filing and service of pleadings or other papers as required by law, the Bankruptcy Rules, or the local rules of court. The cover sheet, which is largely selfexplanatory, must be completed by the pl

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