Adversary Complaint Form PDF Details

When an individual or business finds themselves amid a courtroom battle related to bankruptcy, a critical document that comes into play is the Adversary Complaint form. A staple in proceedings within the United States Bankruptcy Court for the District of Colorado, this form heralds the commencement of a lawsuit within a bankruptcy case. It requires defendants to respond swiftly—within 30 days for most, and 35 days for the United States and its offices and agencies—by filing a written motion or answer with the court's clerk, following specific instructions detailed within the summons. Moreover, it imposes an obligation to serve a copy of this response to the plaintiff’s attorney, thereby facilitating a formal exchange in the pre-trial phase. Importantly, failure to comply within the stipulated timeframe invites the risk of a default judgment, potentially leading to dire financial and legal consequences for the non-responsive party. Additionally, the summons emphasizes the necessity for legal representation, offering guidance for those who cannot afford an attorney, and underscores the importance of understanding the technical nature of bankruptcy litigation rules. The documentation includes a Certificate of Service and potentially impactful notices to the litigants, guiding defendants through the procedural aspects of responding to the summons and illuminating the possible implications for individuals’ bankruptcy discharge status.

QuestionAnswer
Form NameAdversary Complaint Form
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namesadversary complaint form, adversary proceeding complaint sample, adversary proceeding template, adversary proceeding form

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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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)

 

 

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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.

How to Edit Adversary Complaint Form Online for Free

The entire process of filling in the adversary proceeding complaint form is fairly simple. Our experts made sure our tool is not difficult to navigate and can help complete any kind of form in no time. Consider a couple of steps you have to take:

Step 1: Select the orange button "Get Form Here" on this page.

Step 2: Once you enter our adversary proceeding complaint form editing page, you will notice all the functions you can undertake about your form in the top menu.

Enter the information demanded by the system to get the form.

adversary complaint format blanks to fill in

In the CERTIFICATE OF SERVICE, I certify that I am and at all, Mail service Regular first class, Personal Service By leaving the, Residence Service By leaving the, and Publication The defendant was field, type in the information you have.

Filling out adversary complaint format stage 2

In the State Law The defendant was, Under penalty of perjury I declare, Date Signature, Print Name, Business Address, and City State Zip part, point out the vital information.

part 3 to entering details in adversary complaint format

Step 3: Choose the "Done" button. Now you may transfer the PDF form to your device. Aside from that, it is possible to send it through email.

Step 4: Prepare minimally several copies of your form to avoid any possible future concerns.

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