A debtor in possession or Trustee can file complaints against various defendants in association with a lead bankruptcy proceeding and this creates an ‘Adversary Proceeding.’  It is common for defendants to be sued under chapter five of Bankruptcy Code where the plaintiff may be seeking the turnover of assets, avoidance of preferential transfers, and/or avoidance of fraudulent transfers.

Attorney Jeff Medio has represented plaintiffs and defendants in hundreds of adversary proceedings in United States Federal Bankruptcy Courts.

Part VII of the Federal Rules of Bankruptcy Procedure governs adversary proceedings in Federal Bankruptcy Court as follows:

Rule 7001. Scope of Rules of Part VII
Rule 7002. References to Federal Rules of Civil Procedure
Rule 7003. Commencement of Adversary Proceeding
Rule 7004. Process; Service of Summons, Complaint
Rule 7005. Service and Filing of Pleadings and Other Papers
Rule 7007. Pleadings Allowed
Rule 7007.1. Corporate Ownership Statement
Rule 7008. General Rules of Pleading
Rule 7009. Pleading Special Matters
Rule 7010. Form of Pleadings
Rule 7012. Defenses and Objections—When and How Presented—By Pleading
or Motion—Motion for Judgment on the Pleadings
Rule 7013. Counterclaim and Cross-Claim
Rule 7014. Third-Party Practice
Rule 7015. Amended and Supplemental Pleadings
Rule 7016. Pre-Trial Procedure; Formulating Issues
Rule 7017. Parties Plaintiff and Defendant; Capacity