Wyoming Adversary Proceeding Cover Sheet

State:
Wyoming
Control #:
WY-BKR-1040
Format:
PDF
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Adversary Proceeding Cover Sheet

Wyoming Adversary Proceeding Cover Sheet is a document that is filed by the Plaintiff or other party initiating a bankruptcy action in Wyoming, to alert the court and other parties involved to the nature of the complaint. It is a document that must be completed and filed with the Bankruptcy Court, which contains information such as the names of all the parties involved, the case number, the title of the action, and the type of adversary proceeding. There are two types of Wyoming Adversary Proceeding Cover Sheet: the General Adversary Proceeding Cover Sheet and the Limited Adversary Proceeding Cover Sheet. The General Adversary Proceeding Cover Sheet is used for all adversary proceedings, while the Limited Adversary Proceeding Cover Sheet is used only for actions involving fewer than three parties. Both types of cover sheet provide the court with the necessary information to proceed with the case.

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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.

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).

When an Adversary Proceeding Might Happen. Many adversary proceedings arise from alleged fraud by a debtor. If it appears that a debtor has committed fraud or violated a court order, the trustee or creditors might file an objection to the debtor's discharge.

An adversary proceeding in bankruptcy is a separate lawsuit filed within the bankruptcy case. Like most lawsuits, it starts when someone (the creditor, the bankruptcy trustee, or you) files a complaint. Many bankruptcies go through to completion and discharge without any adversary proceedings.

Any claim or cause of action removed to a bankruptcy court pursuant to 28 U.S.C. §1478 is also an adversary proceeding. Unlike former Bankruptcy Rule 701, requests for relief from an automatic stay do not commence an adversary proceeding.

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.

The purpose of an adversary proceeding is to discuss specific issues that arise during the bankruptcy process, such as determining the dischargeability of a debt, recovering property abandoned by the trustee, or objecting to the discharge of a debtor.

More info

Adversary Proceeding Cover Sheet. Download Form (pdf, 66.Completed, the cover sheet summarizes basic information on the adversary proceeding. Adversary Proceeding Cover Sheet (Federal B104) Form. This is a Delaware form and can be use in Bankruptcy Court Federal. Effortlessly add and underline text, insert pictures, checkmarks, and icons, drop new fillable areas, and rearrange or remove pages from your paperwork. The clerk of court needs the. A party filing an adversary proceeding must also must complete and file Form 104, the Adversary Proceeding Cover Sheet,. (a) Cover sheet required. Departmental Guidance Regarding Student Loan Bankruptcy Litigation.

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Wyoming Adversary Proceeding Cover Sheet