Adversary Complaint Form PDF Details

When an individual or business faces a dispute tied to a bankruptcy case, the Adversary Complaint form is used to formally open a separate lawsuit within that case. It is a standard form in proceedings before the United States Bankruptcy Court and signals the start of an adversary proceeding. Once this form is filed, the court oversees the case using rules similar to those that apply in a federal civil action.

After the complaint is served, most defendants must file a written response with the court clerk within 30 days. The United States and its offices or agencies have 35 days to respond. The defendant must also deliver a copy of the response to the plaintiff's attorney. Failing to meet the deadline can result in a default judgment, which may have serious financial and legal consequences for the party that did not respond.

The form also covers the importance of legal representation and explains the procedural steps involved in responding to the summons. It includes a Certificate of Service and notices that guide both parties through the adversary proceeding process. Related documents commonly used in bankruptcy court include the Adversary Proceeding Complaint Form, the Bankruptcy B10 Proof of Claim Form, and the Bankruptcy Cover Sheet Petition.

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

Form Preview Example

UNITED STATES BANKRUPTCY COURT

DISTRICT OF COLORADO

In re

)

Bankruptcy Case No.

 

)

 

 

)

 

Debtor(s).

)

 

 

)

 

 

)

Adversary Proceeding No.

 

)

 

 

)

 

Plaintiff(s).

)

 

 

)

 

 

)

 

 

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Defendant(s).

 

)

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

Filling in the adversary proceeding complaint form is simple with our free online PDF editor. The tool is easy to navigate and helps you complete any legal document in minutes. Follow these steps to get started:

Step 1: Click the orange "Get Form Here" button on this page to open the adversary complaint form in our editor.

Step 2: Once inside the editing page, find all available tools in the top menu. Use them to type text, check boxes, or add a digital signature.

Enter the information required in each field of the form.

adversary complaint format blanks to fill in

In the CERTIFICATE OF SERVICE section, specify the service method used: Regular first class mail, Personal Service, Residence Service, or Publication. Fill in all required details for the method that applies to your situation.

Filling out adversary complaint format stage 2

In the State Law section, complete the declaration under penalty of perjury. Provide the date, your signature, printed name, business address, and city, state, and zip code.

part 3 to entering details in adversary complaint format

Step 3: Click "Done" when finished. Download the completed PDF to your device or send it by email from within the editor.

Step 4: Make at least two copies of the completed adversary complaint form for your records.

Frequently Asked Questions About the Adversary Complaint Form

What is an adversary complaint form used for?

An adversary complaint form initiates a formal lawsuit within a bankruptcy case. Common uses include disputing whether a debt can be discharged, objecting to a debtor's discharge, and recovering assets transferred before the bankruptcy filing.

How long does a defendant have to respond to the adversary complaint?

Most defendants have 30 days from the date of service to file a written response with the court clerk. The U.S. government and its agencies have 35 days. Missing the deadline can lead to a default judgment.

What related bankruptcy forms might I need?

You may also need the Adversary Proceeding Complaint Form or, if you are responding to a filed complaint, the Answer Complaint Form.

Watch Adversary Complaint Form Video Instruction

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