UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA Sacramento Division Modesto Division DATE: IN RE: CASE NO. REQUIREMENTS FOR FILING AN ADVERSARY PROCEEDING A proceeding to object to or revoke a discharge (other than an objection under Bankruptcy Code §§727(a)(8), (a)(9), or 1328(f)) or to determine the dischargeability of a debt is commenced by filing the following: ! Properly captioned and signed complaint (original plus one copy); ! Completed adversary proceeding cover sheet (original only);* and ! Filing fee of $2 .00 payable by cash, money order, or cashier’s check made payable to: Clerk, U.S. Bankruptcy Court. Checks drawn on debtor's bank accounts will not be accepted. If the United States or a debtor is the plaintiff, no fee is required. See American LegalNet, Inc. www.FormsWorkFlow.com B104 (FORM 104) (08/07) ADVERSARY PROCEEDING NUMBER ADVERSARY PROCEEDING COVER SHEET (Court Use Only) (Instructions on Reverse) PLAINTIFFS DEFENDANTS ATTORNEYS (Firm Name, Address, and Telephone No.) ATTORNEYS (If Known) PARTY (Check One Box Only) PARTY (Check One Box Only) Debtor U.S. Trustee/Bankruptcy Admin Debtor U.S. Trustee/Bankruptcy Admin Creditor Trustee Creditor Trustee Other Other CAUSE OF ACTION (WRITE A BRIEF STATEMENT OF CAUSE OF ACTION, INCLUDING ALL U.S. STATUTES INVOLVED) NATURE OF SUIT (Number up to five (5) boxes starting with the lead cause of action as 1, first alternative cause as 2, second alternative cause as 3, etc.) FRBP 7001(1) – Recovery of Money/Property 11 - Recovery of money/property - § 542 turnover of property FRBP 7001(6) – Dischargeability (continued) 61 - Dischargeability - § 523(a)(5), domestic support 12 - Recovery of money/property - § 547 preference 68 - Dischargeability - § 523(a)(6), willful and malicious injury 13 - Recovery of money/property - § 548 fraudulent transfer 63 - Dischargeability - § 523(a)(8), student loan 14 - Recovery of money/property - other 64 - Dischargeability - § 523(a)(15), divorce or separation obligation (other than domestic support) 65 - Dischargeability - other FRBP 7001(2) – Validity, Priority or Extent of Lien 21 - Validity, priority or extent of lien or other interest in property FRBP 7001(3) – Approval of Sale of Property 31 - Approval of sale of property of estate and of a co-owner - § 363(h) FRBP 7001(7) – Injunctive Relief 71 - Injunctive relief - imposition of stay 72 - Injunctive relief - other FRBP 7001(4) – Objection/Revocation of Discharge 41 - Objection/revocation of discharge - § 727(c), (d), (e) FRBP 7001(8) – Subordination of Claim or Interest 81 - Subordination of claim or interest FRBP 7001(5) – Revocation of Confirmation 51 - Revocation of confirmation FRBP 7001(9) – Declaratory Judgment 91 - Declaratory judgment FRBP 7001(6) – Dischargeability 66 - Dischargeability - § 523(a)(1), (14), (14A) priority tax claims FRBP 7001(10) – Determination of Removed Action 01 - Determination of removed claim or cause 62 - Dischargeability - § 523(a)(2), flase pretenses, false representation, Other SS-SIPA Case - 15 U.S.C. §§ 78aaa et. seq. actual fraud 67 - Dischargeability - § 523(a)(4), fraud as fiduciary, embezzlement, larceny (continued next column) Check if this case involves a substantive issue of state law Check if a jury trial is demanded in complaint 02 - Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy case) Check if this is asserted to be a class action under FRCP 23 Demand $ Other Relief Sought American LegalNet, Inc. www.FormsWorkFlow.com B104 (FORM 104) (8/07), Page 2 BANKRUPTCY CASE IN WHICH THIS ADVERSARY PROCEEDING ARISES NAME OF DEBTOR BANKRUPTCY CASE NO. DISTRICT IN WHICH CASE IS PENDING DIVISION OFFICE NAME OF JUDGE RELATED ADVERSARY PROCEEDING (IF ANY) PLAINTIFF DEFENDANT DISTRICT IN WHICH ADVERSARY IS PENDING DIVISION OFFICE ADVERSARY PROCEEDING NO. NAME OF JUDGE SIGNATURE OF ATTORNEY (OR PLAINTIFF) DATE PRINT NAME OF ATTORNEY (OR PLAINTIFF) INSTRUCTIONS The filing of a bankruptcy case creates an "estate" under the jurisdiction of the bankruptcy court which consists of all of the property of the debtor, wherever that property is located. Because the bankruptcy estate is so extensive and the jurisdiction of the court so broad, there may be lawsuits over the property or property rights of the estate. There also may be lawsuits concerning the debtor’s discharge. If such a lawsuit is filed in a bankruptcy court, it is called an adversary proceeding. A party filing an adversary proceeding must also must complete and file Form 104, the Adversary Proceeding Cover Sheet, if it is required by the court. In some courts, the cover sheet is not required when the adversary proceeding is filed electronically through the court's Case Management/Electronic Case Files (CM/ECF) system. (CM/ECF captures the information on Form 104 as part of the filing process.) When completed, the cover sheet summarizes basic information on the adversary proceeding. The clerk of court needs the information to process the adversary proceeding and prepare required statistical reports on court activity. The cover sheet and the information contained on it do not replace or supplement the filing and service of pleadings or other papers as required by law, the Bankruptcy Rules, or the local rules of court. The cover sheet, which is largely selfexplanatory, must be completed by the plaintiff’s attorney (or by the plaintiff if the plaintiff is not represented by an attorney). A separate cover sheet must be submitted to the clerk for each complaint filed. Plaintiffs and Defendants. Give the names of the plaintiffs and defendants exactly as they appear on the complaint. Attorneys. Give the names and addresses of the attorneys, if known. Party. Check the most appropriate box in the first column for the plaintiffs and the second column for the defendants. Demand. Enter the dollar amount being demanded in the complaint. Signature. This cover sheet must be signed by the attorney of record in the box on the second page of the form. If the plaintiff is represented by a law firm, a member of the firm must sign. If the plaintiff is pro se, that is, not represented by an attorney, the plaintiff must sign. American LegalNet, Inc. www.FormsWorkFlow.com