Bankruptcy Adversary Proceeding Checklist

Bankruptcy Adversary Proceeding Checklist

Bankruptcy Court: United States Bankruptcy Court for the [________________________________]

Main Bankruptcy Case Number: [________________________________]

Adversary Proceeding Number: [________________________________] (assigned after filing)

Debtor: [________________________________]

Plaintiff: [________________________________]

Defendant(s): [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Types of Adversary Proceedings (Bankruptcy Rule 7001)

☐ Rule 7001(a): Recover money or property, including a fraudulent-transfer or preference action, subject to the rule's listed exceptions
☐ Rule 7001(b): Determine validity, priority, or extent of a lien or other interest in property, subject to its exceptions
☐ Rule 7001(c): Obtain authority under 11 U.S.C. § 363(h) to sell the estate's and a co-owner's interests in property
☐ Rule 7001(d): Object to or revoke discharge, subject to its exceptions (11 U.S.C. § 727)
☐ Rule 7001(e): Revoke an order confirming a Chapter 11, 12, or 13 plan
☐ Rule 7001(f): Determine whether a debt is dischargeable (11 U.S.C. § 523)
☐ Rule 7001(g): Obtain an injunction or other equitable relief, except relief provided in a Chapter 9, 11, 12, or 13 plan
☐ Rule 7001(h): Subordinate an allowed claim or interest, except subordination provided in a Chapter 9, 11, 12, or 13 plan (11 U.S.C. § 510)
☐ Rule 7001(i): Obtain a declaratory judgment related to a proceeding described in Rule 7001(a)–(h)
☐ Rule 7001(j): Determine a claim or cause of action removed under 28 U.S.C. § 1452

II. Jurisdictional Analysis

Core Proceeding (28 U.S.C. § 157(b))

☐ Matter is core proceeding
☐ Analyze statutory and constitutional authority for the bankruptcy court to enter final judgment
☐ Core proceeding type: [________________________________]

Non-Core Related Proceeding

☐ Matter is non-core but related to bankruptcy
☐ Parties consent to final judgment: ☐ Yes ☐ No
☐ May require referral to district court for final judgment

Complaint Allegations Required by Rule 7008

☐ Identify the related case's name, number, Code chapter, district, and division
☐ State whether the pleader consents or does not consent to entry of final orders or judgment by the bankruptcy court

III. Deadline Analysis

Deadline to File Complaint

For Dischargeability Complaints (11 U.S.C. § 523(c)):
☐ Claims under § 523(a)(2), (4), (6) - fraud, fiduciary fraud, willful injury
☐ Deadline: 60 days after first date set for 341 meeting
☐ 341 meeting date: [__/__/____]
☐ Complaint deadline: [__/__/____]
☐ Extension motion filed: ☐ Yes ☐ No (must file BEFORE deadline)

For Objection to Discharge (11 U.S.C. § 727):
☐ Chapter 7: 60 days after first date set for § 341(a) meeting
☐ Chapter 11: On or before first date set for confirmation hearing
☐ Complaint deadline: [__/__/____]

For Fraudulent Transfer Actions (11 U.S.C. § 548):
☐ Transfers within 2 years before filing
☐ Confirm Plaintiff's standing and statutory authority to pursue the estate claim
☐ § 546(a) deadline: Earlier of case closure/dismissal or the deadline calculated from the later of (A) 2 years after entry of the order for relief and (B) 1 year after appointment/election of the first qualifying trustee if that occurs before the 2-year period expires

For Preference Actions (11 U.S.C. § 547):
☐ Transfers generally on or within 90 days before filing (between 90 days and 1 year if the creditor was an insider at the time of transfer)
☐ Confirm Plaintiff's standing and statutory authority to pursue the estate claim
☐ § 546(a) deadline: Earlier of case closure/dismissal or the deadline calculated from the later of (A) 2 years after entry of the order for relief and (B) 1 year after appointment/election of the first qualifying trustee if that occurs before the 2-year period expires

IV. Required Documents for Filing

Adversary Proceeding Complaint

☐ Caption includes:
☐ Main case number
☐ Debtor name
☐ Code chapter, district, and division
☐ Adversary proceeding designation
☐ Plaintiff and defendant names
☐ Jurisdictional statement
☐ Statement that matter is adversary proceeding (Rule 7001 grounds)
☐ Numbered paragraphs with allegations
☐ Each claim for relief stated separately
☐ Prayer for relief
☐ Signature block

Adversary Proceeding Cover Sheet (Official Form 104)

☐ Completed and filed with complaint
☐ All required information provided
☐ Nature of suit checked

Summons (Official Form 250)

☐ Completed for each defendant
☐ 30-day response deadline noted
☐ Clerk to issue

Corporate Disclosure Statement (if applicable)

☐ Required for corporate parties

V. Filing Fees

Adversary Proceeding Filing Fee

☐ Fee: $350.00 (verify current amount)
☐ Payment method: [________________________________]
☐ Fee waiver request (if applicable)

VI. Service Requirements (Bankruptcy Rule 7004)

Methods of Service

☐ Individuals: Follow Rule 7004(b)(1), including its address requirements
☐ Corporations/Partnerships/Associations: Follow Rule 7004(b)(3), including service directed to a qualifying officer or agent
☐ Government: Follow each multi-recipient requirement in Rule 7004(b)(4)–(6), as applicable
☐ Insured depository institution: Use certified mail addressed to an officer unless a Rule 7004(h) exception applies

Summons and Complaint

☐ Summons issued by clerk
☐ Complaint served with summons
☐ Summons and complaint delivered—or deposited in the mail—within 7 days after issuance; if not, obtain a new summons
☐ Proof of service filed

Time to Answer

☐ Defendant generally must answer within 30 days after the summons was issued, unless the court sets another time
☐ United States or federal officer/agency generally must answer a complaint within 35 days after the summons was issued

VII. Defendant Response Options

Answer

☐ Respond to each allegation
☐ Assert affirmative defenses
☐ Counterclaims (if any)

Motion to Dismiss (Bankruptcy Rule 7012)

☐ FRCP 12(b) motions apply
☐ Failure to state a claim
☐ Lack of jurisdiction
☐ Other defenses

Motion for More Definite Statement

☐ FRCP 12(e) motion

VIII. Discovery in Adversary Proceedings

Applicable Rules

☐ Federal Rules of Civil Procedure apply (as modified by Bankruptcy Rules)
☐ Automatic disclosure rules may apply per local rule

Discovery Devices

☐ Interrogatories (Rule 7033)
☐ Requests for Production (Rule 7034)
☐ Requests for Admission (Rule 7036)
☐ Depositions (Rule 7030)

Discovery Deadlines

☐ Per court scheduling order
☐ Discovery cutoff: [__/__/____]

IX. Pretrial Procedures

Scheduling Conference

☐ Conference scheduled: [__/__/____]
☐ Discovery schedule set
☐ Motion deadlines set
☐ Trial date set

Pretrial Statement

☐ Joint pretrial statement required
☐ Due date: [__/__/____]
☐ Stipulated facts
☐ Contested issues
☐ Witness lists
☐ Exhibit lists

Motions Practice

☐ Motion to dismiss deadline: [__/__/____]
☐ Summary judgment deadline: [__/__/____]
☐ Other dispositive motions: [__/__/____]

X. Trial Procedures

Bench Trial (Typical)

☐ Trial date: [__/__/____]
☐ No jury right in most adversary proceedings
☐ Bankruptcy judge presides

Jury Trial

☐ Jury trial demanded (if right exists)
☐ May require referral to district court
☐ Bankruptcy judge is specially designated and all parties expressly consent before a bankruptcy-court jury trial

Trial Briefs

☐ Due date: [__/__/____]
☐ Proposed findings and conclusions

XI. Post-Trial Procedures

Judgment

☐ Proposed judgment submitted
☐ Findings of fact and conclusions of law (Rule 7052)

Appeal

☐ Notice of appeal deadline: 14 days from judgment entry
☐ Appeal to: ☐ District Court ☐ BAP (if applicable)

XII. Specific Adversary Proceeding Types

Dischargeability Action (§ 523)

☐ Specific debt identified
☐ Exception to discharge alleged:
☐ § 523(a)(2) - Fraud, false representation
☐ § 523(a)(4) - Fraud as fiduciary, embezzlement, larceny
☐ § 523(a)(6) - Willful and malicious injury
☐ Other section: [________________________________]
☐ Elements of exception pleaded

Objection to Discharge (§ 727)

☐ Grounds for denial of discharge:
☐ § 727(a)(2) - Fraudulent transfer with intent
☐ § 727(a)(3) - Failure to keep records
☐ § 727(a)(4) - False oath or claim
☐ § 727(a)(5) - Failure to explain loss of assets
☐ Other section: [________________________________]
☐ Debtor is individual

Preference Action (§ 547)

☐ Transfer to or for benefit of creditor
☐ For or on account of antecedent debt
☐ Made while debtor insolvent
☐ Within 90 days before filing (1 year for insiders)
☐ Creditor received more than in Chapter 7 liquidation
☐ Defenses considered (ordinary course, new value, etc.)

Fraudulent Transfer Action (§ 548)

☐ Transfer within 2 years before filing
☐ Actual fraud (intent to defraud) OR
☐ Constructive fraud (less than reasonably equivalent value + insolvency)
☐ All elements pleaded with specificity

XIII. Quality Control Checklist

Before Filing

☐ Deadline verified
☐ Proper adversary proceeding type identified
☐ Jurisdiction confirmed
☐ All elements of claim pleaded
☐ All required documents prepared
☐ Filing fee ready

After Filing

☐ Adversary number assigned
☐ Summons issued
☐ Service completed within time limits
☐ Proof of service filed
☐ Response deadline calendared

XIV. Document Tracking Log

XV. Key Deadlines Summary

Sources and References

• Federal Rules of Bankruptcy Procedure: https://www.uscourts.gov/rules-policies/current-rules-practice-procedure
• Official Bankruptcy Forms: https://www.uscourts.gov/forms/bankruptcy-forms
• 11 U.S.C. (Bankruptcy Code): https://uscode.house.gov/view.xhtml?path=/prelim@title11

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]