Free 15 KB - Oregon

INSTRUCTIONS FOR FILING AN ADVERSARY PROCEEDING COMPLAINT W HAT YOU NEED TO FILE: 1. A SEPARATE FILING FEE for EACH conventionally filed paper com plaint (unless plaintiff is a debtor in a Ch. 7 or 13 case, or is a Debtor-In-Possession in a Ch. 11 or 12 case and the action will benefit an individual debtor (e.g., Dischargeability!)). Make check payable to "Clerk, U.S. Bankruptcy Court." Access www.orb.uscourts.gov, or contact court, for current fee. 2. [IF conventionally filed on PAPER] AN ORIGINAL of the Adversary Cover Sheet - com pletely filled out and signed. A blank Cover Sheet will be furnished upon request (INCLUDE a self-addressed, stam ped, envelope if requesting in writing). 3. ORIGINAL COMPLAINT (unless filing a stipulated judgm ent without a com plaint). 4. [IF filed by a non-governm ental CORPORATION] - A Corporate Ownership Statem ent per Fed. Rule Bankr. Proc. (FRBP) 7007.1. COM PLAINT: Make sure the heading is correct [e.g. "Com plaint Objecting to Discharge" (i.e., of all debts) is different from a "Com plaint Objecting to Dischargeability" (i.e., of a single debt)]. The body of the Com plaint m ust show the applicable section(s) of the Code. Sam ple Caption Form at: In re Debtor(s) Plaintiff(s) v. Defendant(s) SUM M ONS: Except as provided in the last sentence of this paragraph, the court will issue an original Sum m ons and send it to you for service. You will then need to m ake a copy for each party to be served. However if you electronically file the com plaint using ECF, for service purposes you m ust print and use either the Sum m ons you receive via a Notice of Electronic Filing (NEF) or, if available, a Sum m ons that is autom atically issued by the court via the ECF system during the filing process. SERVICE OF THE SUMMONS (See FRBP 7004): W ITHIN 10 DAYS after the issuance of the Summons, a copy of the Summons, Complaint, AND Local Bankr. Rule (LBR) 7026-1 MUST BE SERVED by the plaintiff on the defendant(s) and any defendant's attorney, and to interested parties. Contact the clerk's office IMMEDIATELY if the 10 day deadline is not m et! Service by m ail m ay be m ade within the U.S. by first class m ail, postage prepaid. The Certificate of Service [Local Form #305] MUST: (1) be fully com pleted by the person who m ailed the docum ents; (2) indicate the exact nam e and title of each party to whom the docum ents were m ailed; (3) show com pliance with FRBP 7004(b) and service of LBR 7026-1; (4) be attached to the original Sum m ons, or linked to it if filed via ECF; AND (5) be IMMEDIATELY filed with the Bankruptcy Court. ) ) ) ) ) ) ) CASE NO. ADV. PROC. NO. (TITLE) (NOTE: Any jury trial dem and m ust be shown here)

QUESTIONS??? Please call the adversary clerk in Portland (503-326-1500) or Eugene (541-431-4000); or write to: Clerk, U.S. Bankruptcy Court, at either 1001 SW 5th Ave. #700, Portland OR 97204 or 405 E 8 th Ave #2600, Eugene OR 97401.

*** SEE LOCAL FORM #ADV-2 FOR INFORMATION ON SUBPOENAS ***

ADV (3/1/09)