Adversary Proceedings

 

To commence an adversary proceeding, the plaintiff must file a complaint.

A summons will be automatically issued immediately after the complaint is docketed and will be valid for 14 days. See B.R. 7004(e).  A re-issued summons may be requested through ECF if the original summons expires.

The answer to a complaint is due 30 days from the issuance of the summons. The United States or an officer or agency thereof has 35 days to answer the complaint. See B.R. 7012.

After the answer to the complaint is filed, an initial scheduling conference will be set by the Court and dates will be set for a final pre-trial conference and trial.  If an answer is not timely filed, a clerk’s entry of default will be entered by the Court.  When a clerk's entry of default is entered, the Plaintiff shall file a motion for default judgment and affidavit (does not follow L.B.R. 9014-1) within 14 days.  An order for default judgment shall be submitted in Word or WordPerfect format through the order submission program within ECF (Utilities > Proposed Orders). See B.R. 7055 and 50 App. U.S.C. § 520.

 

GENERAL PROCEDURES:

For information required in the joint final pretrial order and preparation of exhibits, please see L.B.R. 7016-1.

The court, upon its own initiative, by stipulation of parties, or a motion filed under Local Rule 9014-1, may order parties to engage in mediation.  See L.B.R. 7016-2.  Mediation Process

Regarding the adjournment of any pre-trial conferences, hearings, or trial, see L.B. R. 5071-1.

If the adversary proceeding or contested matter is settled, counsel will notify the court immediately.  See L.B. R. 9019-1.

A joint statement of the parties regarding a dismissal of a complaint objecting to the discharge of a debtor pursuant to '727 will be served on all creditors and the trustee.  See L.B. R. 7041-1.

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PLEASE NOTE:

  • All motions and briefs in adversary proceedings will be filed pursuant to L.B.R. 9014-1, unless listed as an exception under L.B.R. 9014-1(f).
  • All orders will be submitted through ECF:  Utilities > Proposed Orders.