Maine Adversary Proceeding Cover sheet (Form 1040) is a form required to be filled out and submitted with an adversary complaint in the United States Bankruptcy Court for the District of Maine. It is an information sheet for the court to quickly identify the parties in a particular adversary proceeding, as well as the relief requested. The cover sheet includes the following fields: case number, name of debtor, date of filing, title of case, name of plaintiff or petitioner, name of defendant or respondent, name of case trustee, name of presiding judge, name of attorney for plaintiff or petitioner, name of attorney for defendant or respondent, and relief requested. There are two types of Maine Adversary Proceeding Cover sheet (Form 1040): one for adversary proceedings and one for contested matters.
Maine Adversary Proceeding Coversheet (Form 1040)
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FAQ
For example, they might want to object to a discharge, get an injunction, obtain a ruling on whether a debt can be discharged, or pursue money from a party not in the bankruptcy proceeding. A party involved in a bankruptcy case can start an adversary proceeding by filing a complaint.
Once an adversarial proceeding has begun, a court may refuse to discharge debts if a creditor can show that those debts are the result of the debtor's fraud or the debtor failed to properly disclose information as per USC 27 §727.
A defendant can respond to an adversary proceeding by filing an answer or a motion (e.g., a motion to dismiss the complaint) within 30 days from the date of the summons. If the defendant fails to file a responsive pleading, the bankruptcy judge can enter a default judgment against the defendant.
An "Adversary Proceeding" in bankruptcy court has the same meaning as a lawsuit in other courts. This means that one or more "plaintiff(s)" file a "complaint" against one or more "defendant(s)." In many situations an adversary proceeding is required if a plaintiff wants to obtain a particular type of relief.
An adversary proceeding is the bankruptcy court's version of a civil action (a lawsuit). An adversary proceeding is opened by filing a complaint asking the court to rule on an issue related to a bankruptcy case.
A party filing an adversary proceeding must also must complete and file Form 1040, the Adversary Proceeding Cover Sheet, unless the party files the adversary proceeding electronically through the court's Case Management/Electronic Case Filing system (CM/ECF).