The Arizona Adversary Proceeding Cover Sheet — B 104 is a document used in the Arizona court system for initiating adversary proceedings. This cover sheet is specifically designed to provide important information about the case and assist in its efficient processing. Here is a detailed description of this document, along with relevant keywords: 1. Title: The title of the document is "Arizona Adversary Proceeding Cover Sheet — B 104," indicating its purpose and identification within the court system. 2. Purpose: It serves as a cover sheet to be attached to the initial pleading when filing an adversary proceeding in Arizona courts. It helps to identify and categorize the case accurately. 3. Case Information: The cover sheet requires important case information to be filled out, including the debtor's name, bankruptcy case number, and the assigned judge's name. 4. Adversary Proceeding Type: The document identifies the specific type of adversary proceeding being initiated. Some potential types include fraudulent transfer, objection to discharge, preference actions, lien avoidance, and many others. 5. Nature of the Proceeding: The cover sheet provides space to describe the nature of the adversary proceeding concisely. The description should explain the main reason or issue that led to the filing of the adversary proceeding. 6. Counsel Information: The document requires information about the attorney representing the moving party, including their name, address, telephone number, and email address. 7. Parties Involved: The cover sheet includes sections to designate the names and addresses of all parties involved in the proceeding, including the plaintiff, defendant, and any additional parties. 8. Relief Sought: It allows the moving party to specify the relief sought from the court in the adversary proceeding. This may include monetary damages, injunctive relief, declaratory relief, or other remedies. 9. Exhibits and Documents: There is a section provided to list any exhibits or documents attached to the adversary proceeding, allowing for easy identification and tracking. Different Types of Arizona Adversary Proceeding Cover Sheets — B 104: 1. Arizona Adversary Proceeding Cover Sheet — B 104 (Fraudulent Transfer): Used specifically for fraudulent transfer cases, where the plaintiff alleges that a debtor transferred assets to hinder, delay, or defraud creditors. 2. Arizona Adversary Proceeding Cover Sheet — B 104 (Objection to Discharge): Filed when a creditor objects to the debtor's discharge in bankruptcy, usually due to allegations of fraud, concealment of assets, or other improper conduct. 3. Arizona Adversary Proceeding Cover Sheet — B 104 (Preference Actions): Used to initiate preference actions, where a creditor seeks to recover payments made by the debtor that may be preferential, such as within 90 days before the bankruptcy filing. 4. Arizona Adversary Proceeding Cover Sheet — B 104 (Lien Avoidance): Filed when a debtor seeks to avoid a lien on their property that impairs an exemption claimed in bankruptcy. These are just a few examples of the different types of Arizona Adversary Proceeding Cover Sheets — B 104 that exist. The specific cover sheet required will depend on the nature of the adversary proceeding being initiated.
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FAQ
An adversary proceeding begins with the filing of a complaint to initiate the proceeding. In contrast, a contested matter occurs within the bankruptcy case. A contested matter starts with a motion filed in the bankruptcy case itself.
Under Rule 7004(f), the summons must be served within 10 days of issuance. The other pleading periods in adversary proceedings are the same as those in civil actions before the district courts, except that the United States is allowed 35 rather than 60 days to respond.
Sometimes an adversary proceeding will arise when a debtor owns property with someone else. The trustee may need to bring a lawsuit to divide your interest in the property from the interest of the co-owner so that they can force a sale and take the proceeds to pay your creditors.
The proper procedure is to file a motion to compromise and settle in the legal case, not the adversary proceeding. That pleading should only have the legal caption, as the body of the motion should contain the adversary proceeding information.
After an adversary complaint is filed, the defendant has a specific deadline to file and serve a written response to the complaint, and then a series of pre-trial hearings/conferences take place until the lawsuit is settled, dismissed, or goes to trial.