Adversary Filing Requirements
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Adversary Filing Requirements
Last Updated: November 26, 2024

11 U.S.C.
28 U.S.C. 1930(6)
Fed. R. Bank. P. 7001-7087

An Adversary is a lawsuit arising in or related to a bankruptcy case. It is commenced by filing a Complaint with the court.

Note: An Individual Debtor may need to obtain the prompt return, from a third party, of tangible personal property - such as an automobile or tools of the trade - in order to produce income to fund a plan or to regain the use of property that may be exempted. 

Effective 12/1/2024 a debtor can now proceed by Motion to Require Turnover of such property under § 542(a), instead of filing an adversary. see Motion for Turnover

Time for Filing Complaint:

  • A Complaint, other than under 523(c), may be filed at any time.

  • A Complaint under 523(c) must be filed no later than 60 days after the first date set for the Meeting of Creditors.

  • Closed Cases:  Adversary proceedings may be filed when the main bankruptcy case is closed.

    • In most instances, the bankruptcy case will be Reopened before the complaint (AP) is filed.

Filing Requirements:

  1. Adversary Complaint
    1. Paper filers must file the original + appropriate number of copies as needed for service on defendants and filer/plaintiff's file.
  2. Adversary Cover Sheet (not required if the complaint is filed electronically).
  3. $350.00 filing fee

  • Generally, No Fee is Required When the Complaint is Filed By:

    1. Chapter 7 or 13 Debtor,

    2. Chapter 11 or 12 Individual Debtor Filing a Dischargeability Complaint,

    3. Child Support Creditor (and accompanied by Form B 2810, Application of Child Support Creditor or Representative), or

    4. U.S. Trustee and other Federal agencies.

  • Generally, the Filing Fee is Deferred, and payable only from the estate and to the extent there is any estate realized when the complaint is filed by:

    1. Trustee (in all chapters) or

    2. Chapter 11 or 12 debtor filing a complaint other than dischargeability.

  • Refer to Bankruptcy Court Miscellaneous Fee Schedule  for exceptions to filing fee 28 U.S.C. § 1930.

The Summons and Preliminary Pretrial Order will be issued by the bankruptcy court.

  • As an electronic filer, you will receive a Confirmation E-Mail after the Summons and Preliminary Pretrial Order are issued.
  1. Serve the Complaint, Summons, and Preliminary Pretrial Order on the defendants and other parties-in-interest within 7-days of the date the Summons was issued. 
  2. After service you must electronically file the Proof of Service.