Free Local Form 109 - Delaware

B 104 (Rev. 5/00)

ADVERSARY PROCEEDING COVER SHEET
(Instructions on Reverse)

ADVERSARY PROCEEDING NUMBER (Cou rt Us e On ly)

PLAINTIFFS

DEFENDANTS

ATT OR NEY S (Firm Name, A ddress , and Teleph one No.)

ATTO RNEYS (If Known)

PARTY (Check one box only)

__ 1 U.S. PLAINTIFF

_ _ 2 U . S . D E F E N DA N T

__ 3 U.S. NOT A PARTY

CAUSE OF ACTION ( W R I T E A B R IE F S T A T E M EN T O F C A U S E O F AC T I O N , I N C L UD I N G A LL U . S. S T A T U T ES I N V O LV E D )

NATURE OF SUIT
(Chec k the one mos t appropriate ) __455 To revoke an order of confirm ation of a Chap. 11, Chap. 12, or Chap. 13 Plan __426 To determ ine the disc hargeability of a debt 11 U.S.C. §523 __434 To obtain an inju nction or other equitable relief __45 7 To s ubordin ate any allowed c laim or interest except where such subordin ation is provided in a plan __456 To obtain a declaratory judgment relating to any of foregoing causes of action __459 To determ ine a claim or cau se of action removed to a bankruptcy court __49 8 O ther (s pecif y)

__454 To Rec over Money or Prop erty __435 To Determ ine Validity, Priority, or Extent of a Lien or Other Interest in Property __458 To obtain app roval for the sale of both the interest of the estate and of a co-owner in property __424 To object or to revoke a discharge 11 U.S.C. § 727

ORIGIN OF PROCEEDINGS

__ 1 O riginal

__2 R emoved Proceeding

__4 Reinstated Proceeding

__5 Transferred

__CHECK IF THIS IS A CLASS ACTION UNDER

or Reopened

from Another F.R.C.P. 23

(Check One Box O nly)

Bank ruptc y Court

DEMAND

N E A R E ST T H O U S A N D

O T H E R R EL IE F S O U G H T

J U R Y D EM A N D

BANKRUPTCY CASE IN WHICH THIS ADVERSARY PROCEEDING ARISES

NAME OF DEBTOR

B A N K R U PT C Y C A SE N O .

D I S T R IC T I N W H I C H C A S E I S P EN D I N G

DIVISIONAL OFFICE RELAT ED AD VERSA RY PRO CEED ING (IF ANY)

NAME OF JUDGE

PLAINTIFF

D E F E N DA N T

A D V E R SA R Y P RO C E E D IN G N O .

D I S T RI C T

DIVISIONAL OFFICE

NAME OF JUDGE

FILING (Chec k one box only.) FEE DATE

_ _ FE E A T T A C H E D

_ _ F EE N O T R E Q U I R ED

__FEE IS DEFERRED

PRINT NAME

SIGNATURE OF ATT ORNEY (OR PLAINTIFF)

Local Form 109

INSTRUCTIONS FOR COMPLETING ADVERSARY PROCEEDING COVER SHEET
This cover sheet must be com pleted by the pla intiff's attor ney (or by th e plaintiff i f th e plaintiff i s not r epr esented by an attor ney) and submitted to the Clerk of the Court upon the filing of a complaint initia ting an adversary proceeding. The cover sheet and the information contained on it do not replace or supplement the filing and service of pleadings or other papers as required by law, the Bankruptcy Rules, or the local rules of Court. This form is required for the use of the Clerk of the Court to initiate the docket sheet and to prepare necessary indices and statistical records. A separate cover sheet must be submitted to the Clerk of the Court for each complaint filed. The form is la rgely self explanator y. Parties. The names of the parties to the adversary proceeding exactly as they appear on the complaint. Give the names and addresses of the a ttorneys if known. Following th e headin g "Party," ch eck the appr opriate box in dicatin g whether the United States is a party named in the complaint. Only parties who may be properly joined pursuant to Rule 7019 should be included. Cause of Action. Give a brief description of the cause of action including all federal statutes involved. For example, "Complaint seekin g damages for failure to disclose infor mati on, Consum er Cr edit Protect ion Act, 15 U.S.C. § 1601, et seq.," or "Compl aint by trustee to avoid a transfer of property by the debtor, 11 U.S.C. § 544." Nature of Suit. Place a "X" in the approp riate box. Only one box should be checked. If the cause fits mor e than one categor y of suit, select the most definitive. Origin of Proceedings. Check the a ppropri ate box to indica te the orig in of the case: 1. 2. 4. 5. Original Proceeding. Removed from a State or District Court. Reinstated or Reopened. Transferred from Another Bankruptcy Court.

Demand. On th e next line, state the dolla r amount deman ded in the com plaint in th ousan ds of dollars. For $1,000 enter "1," for $10,000, enter "10," for "100,000," enter "100," if $1,000,000, enter "1000." If $10,000,000 or more, enter "9999." If the amount is less than $1, 000, enter "0001." If n o monetary dem and is made, enter "XXXX." If the plain tiff is seeking non-monetary relief, state the relief sought, such as in junction or foreclosure of a mortg age. Bankruptcy Case In Whic h This Adversary Proceeding Arise s. Enter the name of the debtor and the docket number of the bankruptcy case from which the pr oceeding now being filed arose. Beneath, ent er the distri ct and divisional office where the case was filed, and the na me of the presid ing judge. Related Adversary Procee dings. State the names of the parties and the six digit adversary proceeding number from any adversary proceeding con cernin g the same two parties or t he same pr operty curren tly pending in an y bankruptcy court. On the n ext line, enter the distr ict where th e related case i s pendin g, and t he nam e of the presiding judge. Filing Fee. Check one box. The fee must be paid upon filing unless the plaintiff meets one of the following exceptions. The fee is not required if the plaintiff is the United States government or the debtor. If the plaintiff is the trustee or a debtor in possession, and there are no liquid funds in the estate, the filing fee may be deferred until there are funds in the estate. (In the event no funds are ever recovered for th e estate, th ere will be no fee). Th ere is no fee for adding a par ty after the ad versary proceedin g has been commenced. Signature. This cover sheet must be signed by the attorney of record in the box on the right of the last line of the form. If the plaintiff is repr esented by a law firm, a member of the firm must sign . If the plaint iff is pro se, that is, not represented by an attorney, the plaintiff must sign. The name of the signatory must be printed in the box to the left of the signature. The date of the signing must be indicated in the box on the far l eft of the last line.

Local Form 109 (pg. 2)