A Texas Adversary Proceeding Cover Sheet is a form used to initiate an adversary proceeding in the United States Bankruptcy Court for the Northern District of Texas. It is used to provide the court with basic information about the parties involved in the proceeding, including the filing party, the attorney of record, the debtor, the trustee, and any creditors. It also includes a brief statement of the relief sought in the proceeding. The cover sheet must be filed in every adversary proceeding in order for the court to accept the filing. There are two types of Texas Adversary Proceeding Cover Sheet: the Adversary Proceeding Cover Sheet (Form B106A) and the Adversary Proceeding Cover Sheet for Removal (Form B106R). The Adversary Proceeding Cover Sheet (Form B106A) is used to initiate an adversary proceeding in the United States Bankruptcy Court for the Northern District of Texas. The Adversary Proceeding Cover Sheet for Removal (Form B106R) is used to remove a case from state court to the United States Bankruptcy Court for the Northern District of Texas.
Texas Adversary Proceeding Cover Sheet
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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.
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.
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 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).
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.