Form B 1040 Adversary Proceeding Cover Sheet

Form B1040 is a United States Bankruptcy Court form also known as the "Adversary Proceeding Cover Sheet". The latest edition of the form was released in December 1, 2015 and is available for digital filing.

Download an up-to-date Form B1040 in PDF-format down below or look it up on the United States Bankruptcy Court Forms website.

ADVERTISEMENT
B1040 (FORM 1040) (12/15)
ADVERSARY PROCEEDING NUMBER
ADVERSARY PROCEEDING COVER SHEET
(Court Use Only)
(Instructions on Reverse)
PLAINTIFFS
DEFENDANTS
ATTORNEYS (Firm Name, Address, and Telephone No.)
ATTORNEYS (If Known)
PARTY (Check One Box Only)
PARTY
(Check One Box Only)
□ Debtor
□ U.S. Trustee/Bankruptcy Admin
Debtor
U.S. Trustee/Bankruptcy Admin
□ Creditor
□ Other
Creditor
Other
□ Trustee
Trustee
CAUSE OF ACTION
(WRITE A BRIEF STATEMENT OF CAUSE OF ACTION, INCLUDING ALL U.S. STATUTES INVOLVED)
NATURE OF SUIT
(Number up to five (5) boxes starting with lead cause of action as 1, first alternative cause as 2, second alternative cause as 3, etc.)
FRBP 7001(1) – Recovery of Money/Property
FRBP 7001(6) – Dischargeability (continued)
11-Recovery of money/property - §542 turnover of property
61-Dischargeability - §523(a)(5), domestic support
12-Recovery of money/property - §547 preference
68-Dischargeability - §523(a)(6), willful and malicious injury
13-Recovery of money/property - §548 fraudulent transfer
63-Dischargeability - §523(a)(8), student loan
14-Recovery of money/property - other
64-Dischargeability - §523(a)(15), divorce or separation obligation
(other than domestic support)
FRBP 7001(2) – Validity, Priority or Extent of Lien
65-Dischargeability - other
21-Validity, priority or extent of lien or other interest in property
FRBP 7001(7) – Injunctive Relief
FRBP 7001(3) – Approval of Sale of Property
71-Injunctive relief – imposition of stay
31-Approval of sale of property of estate and of a co-owner - §363(h)
72-Injunctive relief – other
FRBP 7001(4) – Objection/Revocation of Discharge
FRBP 7001(8) Subordination of Claim or Interest
41-Objection / revocation of discharge - §727(c),(d),(e)
81-Subordination of claim or interest
FRBP 7001(5) – Revocation of Confirmation
FRBP 7001(9) Declaratory Judgment
51-Revocation of confirmation
91-Declaratory judgment
FRBP 7001(6) – Dischargeability
FRBP 7001(10) Determination of Removed Action
66-Dischargeability - §523(a)(1),(14),(14A) priority tax claims
01-Determination of removed claim or cause
62-Dischargeability - §523(a)(2), false pretenses, false representation,
actual fraud
Other
67-Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny
SS-SIPA Case – 15 U.S.C. §§78aaa et.seq.
02-Other (e.g. other actions that would have been brought in state court
(continued next column)
if unrelated to bankruptcy case)
Check if this case involves a substantive issue of state law
Check if this is asserted to be a class action under FRCP 23
□ Check if a jury trial is demanded in complaint
Demand $
Other Relief Sought
B1040 (FORM 1040) (12/15)
ADVERSARY PROCEEDING NUMBER
ADVERSARY PROCEEDING COVER SHEET
(Court Use Only)
(Instructions on Reverse)
PLAINTIFFS
DEFENDANTS
ATTORNEYS (Firm Name, Address, and Telephone No.)
ATTORNEYS (If Known)
PARTY (Check One Box Only)
PARTY
(Check One Box Only)
□ Debtor
□ U.S. Trustee/Bankruptcy Admin
Debtor
U.S. Trustee/Bankruptcy Admin
□ Creditor
□ Other
Creditor
Other
□ Trustee
Trustee
CAUSE OF ACTION
(WRITE A BRIEF STATEMENT OF CAUSE OF ACTION, INCLUDING ALL U.S. STATUTES INVOLVED)
NATURE OF SUIT
(Number up to five (5) boxes starting with lead cause of action as 1, first alternative cause as 2, second alternative cause as 3, etc.)
FRBP 7001(1) – Recovery of Money/Property
FRBP 7001(6) – Dischargeability (continued)
11-Recovery of money/property - §542 turnover of property
61-Dischargeability - §523(a)(5), domestic support
12-Recovery of money/property - §547 preference
68-Dischargeability - §523(a)(6), willful and malicious injury
13-Recovery of money/property - §548 fraudulent transfer
63-Dischargeability - §523(a)(8), student loan
14-Recovery of money/property - other
64-Dischargeability - §523(a)(15), divorce or separation obligation
(other than domestic support)
FRBP 7001(2) – Validity, Priority or Extent of Lien
65-Dischargeability - other
21-Validity, priority or extent of lien or other interest in property
FRBP 7001(7) – Injunctive Relief
FRBP 7001(3) – Approval of Sale of Property
71-Injunctive relief – imposition of stay
31-Approval of sale of property of estate and of a co-owner - §363(h)
72-Injunctive relief – other
FRBP 7001(4) – Objection/Revocation of Discharge
FRBP 7001(8) Subordination of Claim or Interest
41-Objection / revocation of discharge - §727(c),(d),(e)
81-Subordination of claim or interest
FRBP 7001(5) – Revocation of Confirmation
FRBP 7001(9) Declaratory Judgment
51-Revocation of confirmation
91-Declaratory judgment
FRBP 7001(6) – Dischargeability
FRBP 7001(10) Determination of Removed Action
66-Dischargeability - §523(a)(1),(14),(14A) priority tax claims
01-Determination of removed claim or cause
62-Dischargeability - §523(a)(2), false pretenses, false representation,
actual fraud
Other
67-Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny
SS-SIPA Case – 15 U.S.C. §§78aaa et.seq.
02-Other (e.g. other actions that would have been brought in state court
(continued next column)
if unrelated to bankruptcy case)
Check if this case involves a substantive issue of state law
Check if this is asserted to be a class action under FRCP 23
□ Check if a jury trial is demanded in complaint
Demand $
Other Relief Sought
B1040 (FORM 1040) (12/15)
BANKRUPTCY CASE IN WHICH THIS ADVERSARY PROCEEDING ARISES
NAME OF DEBTOR
BANKRUPTCY CASE NO.
DISTRICT IN WHICH CASE IS PENDING
DIVISION OFFICE
NAME OF JUDGE
RELATED ADVERSARY PROCEEDING (IF ANY)
PLAINTIFF
DEFENDANT
ADVERSARY
PROCEEDING NO.
DISTRICT IN WHICH ADVERSARY IS PENDING
DIVISION OFFICE
NAME OF JUDGE
SIGNATURE OF ATTORNEY (OR PLAINTIFF)
DATE
PRINT NAME OF ATTORNEY (OR PLAINTIFF)
INSTRUCTIONS
The filing of a bankruptcy case creates an “estate” under the jurisdiction of the bankruptcy court which consists of
all of the property of the debtor, wherever that property is located. Because the bankruptcy estate is so extensive and the
jurisdiction of the court so broad, there may be lawsuits over the property or property rights of the estate. There also may be
lawsuits concerning the debtor’s discharge. If such a lawsuit is filed in a bankruptcy court, it is called an adversary
proceeding.
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). (CM/ECF captures the information on Form 1040 as part of the filing process.) When
completed, the cover sheet summarizes basic information on the adversary proceeding. The clerk of court needs the
information to process the adversary proceeding and prepare required statistical reports on court activity.
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. The cover sheet, which is largely self-
explanatory, must be completed by the plaintiff’s attorney (or by the plaintiff if the plaintiff is not represented by an
attorney). A separate cover sheet must be submitted to the clerk for each complaint filed.
Plaintiffs and Defendants. Give the names of the plaintiffs and defendants exactly as they appear on the complaint.
Attorneys. Give the names and addresses of the attorneys, if known.
Party. Check the most appropriate box in the first column for the plaintiffs and the second column for the defendants.
Demand. Enter the dollar amount being demanded in the complaint.
Signature. This cover sheet must be signed by the attorney of record in the box on the second page of the form. If the
plaintiff is represented by a law firm, a member of the firm must sign. If the plaintiff is pro se, that is, not represented by an
attorney, the plaintiff must sign.

Download Form B 1040 Adversary Proceeding Cover Sheet

822 times
Rate
4.7(4.7 / 5) 41 votes
ADVERTISEMENT
Page of 2