7001: Adversary Proceedings: INTRODUCTION; Injunctive Relief
FRBP 7001 provides that some requests for relief can not be made by starting a contested matter (filing and serving a motion), but can be made only by commencing an adversary proceeding (filing and serving a complaint with a summons).
- The provisions of FRBP 7001-7087 apply; these are called the "Part VII Rules."
- The provisions of LBR 7003-1 to 7069-2 apply to support the Part VII Rules.
FRBP 7001(1)-(10) lists the situations in which an adversary proceeding is required. Be sure to note a few specific scenarios:
- Proceeding to Deny Discharge -- FRBP 7001(4) identifies types of discharge that can be denied by filing a motion instead of a complaint.
- Provisional Injunctive Relief in a Chapter 15 Case -- FRBP 7001(7) identifies that a request for injunctive relief (except when made in a chapter 9, 11, 12, or 13 case) requires an adversary proceeding. When a party in a chapter 15 case seeks provisional injunctive relief under Bankruptcy Code section 1519(e), a summons is required to initiate the proceeding. The party seeking injunctive relief must prepare and submit the summons to the court, which will then insert the date/time/location of a status conference.
Commencing an Adversary Proceeding: See FRBP 7003 and 7004
- A plaintiff commences an adversary proceeding by filing a complaint and paying the fee to file a complaint (a fee is required in most situations). See link below
- The plaintiff then serves the complaint along with a summons on all defendants, using a proper service method and service deadline found in FRBP 7004.
- Defendants can file a variety of responses.
- A host of other procedures are available to all plaintiffs and all defendants, including taking discovery. These are contained in the Part VII rules and in related LBR.
Section:
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number:
7001
Reference to Local Rules and/or Forms:
Reference to Common Topics: