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)

☐ (1) Recover money or property (turnover, fraudulent transfer, preference)
☐ (2) Determine validity, priority, or extent of lien
☐ (3) Obtain court approval of sale of both secured and unsecured interests
☐ (4) Object to or revoke discharge (11 U.S.C. § 727)
☐ (5) Revoke order confirming plan
☐ (6) Determine dischargeability of particular debt (11 U.S.C. § 523)
☐ (7) Obtain injunction or other equitable relief
☐ (8) Subordinate claim or interest under 11 U.S.C. § 510
☐ (9) Obtain declaratory judgment relating to above matters
☐ (10) Determine that state or federal law may be removed in debtor's case

II. Jurisdictional Analysis

Core Proceeding (28 U.S.C. § 157(b))

☐ Matter is core proceeding
☐ Bankruptcy court can 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

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):
☐ Deadline: 60 days after first date set for 341 meeting
☐ Complaint deadline: [__/__/____]

For Fraudulent Transfer Actions (11 U.S.C. § 548):
☐ Transfers within 2 years before filing
☐ Must be brought by trustee or DIP
☐ Deadline: Later of 2 years after case filing or 1 year after trustee appointment

For Preference Actions (11 U.S.C. § 547):
☐ Transfers within 90 days before filing (1 year for insiders)
☐ Must be brought by trustee
☐ Deadline: Later of 2 years after case filing or 1 year after trustee appointment

IV. Required Documents for Filing

Adversary Proceeding Complaint

☐ Caption includes:
☐ Main case number
☐ Debtor name
☐ 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: First class mail to last known address
☐ Corporations: Officer, managing agent, or registered agent
☐ Partnerships: General partner
☐ Government: Attorney General AND U.S. Attorney

Summons and Complaint

☐ Summons issued by clerk
☐ Complaint served with summons
☐ Proof of service filed

Time to Answer

☐ Defendant has 30 days to answer or respond
☐ 35 days if served by mail outside judicial district
☐ U.S. or federal officer: 60 days

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
☐ Both parties must consent to 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): [________________________________]