How to Complete and File Form B1040: Adversary Proceeding Cover Sheet

Form B1040, the adversary proceeding cover sheet, is a one-page intake document you file with your complaint to open an adversary proceeding inside an existing bankruptcy case. It doesn’t make any legal argument. It gives the clerk’s office the data needed to assign a case number, link the new proceeding to the underlying bankruptcy, and route the matter to the right judge. You can download it from the United States Courts website.1United States Courts. Adversary Proceeding Cover Sheet

When the Form Is Required

If you file your complaint on paper, whether in person at the clerk’s window or by mail, you complete B1040 and attach it. If you file electronically through the court’s Case Management/Electronic Case Filing (CM/ECF) system, the system captures the same information during the filing workflow, and a separate PDF cover sheet may not be required.2U.S. Bankruptcy Court for the District of Maryland. Adversary Proceeding Cover Sheet Some districts still want it attached even for electronic filers. Check your local rules or call the clerk’s office before you file.

An adversary proceeding is a separate lawsuit within a bankruptcy case. It’s used to resolve disputes like whether a particular debt can be discharged, whether property should be returned to the estate, or whether a lien is valid. The cover sheet is the same regardless of the type of dispute.

What to Have in Front of You Before You Start

The form is short, but half-completing it and then hunting for a case number is a good way to make mistakes. Pull the following together first:

  • Full legal names and mailing addresses for every plaintiff and defendant.
  • If represented, the attorney’s name, firm, address, phone, and bar number. Pro se filers use their own name and address.
  • The case number of the underlying bankruptcy. This is what links your new proceeding to the correct file.
  • The federal judicial district, and division if applicable, where the bankruptcy case is pending.
  • The debtor’s name exactly as it appears on the bankruptcy petition.
  • The chapter of the underlying case: 7, 11, 12, or 13.
  • The name of the bankruptcy judge currently assigned to the main case. You can find this on the docket in PACER or by calling the clerk.
  • The Nature of Suit code that matches your claim. The codes are printed on the back of the form.

If a nongovernmental corporation other than the debtor is a party, you also need a corporate ownership statement under Federal Rule of Bankruptcy Procedure 7007.1. That statement identifies any parent corporation and any publicly held corporation owning 10 percent or more of the party’s stock, or states that no such corporation exists.3Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 7007.1 – Corporate Ownership Statement File it with the complaint and update it if ownership changes.

Completing the Form Section by Section

Parties and Attorney

The top of the form mirrors the caption on your complaint. Plaintiffs on the left, defendants on the right, exact legal names. If you’re suing on behalf of an estate, list the trustee’s name and title. Below the parties, enter the filing attorney’s contact information, or your own if you’re proceeding pro se.

Underlying Bankruptcy Case

The middle section ties the adversary proceeding to the main bankruptcy. Enter the bankruptcy case number, the debtor’s full name as it appears on the petition, the district, the chapter, and the assigned bankruptcy judge. Verify the case number character by character. A transposed digit can send your filing to the wrong case or get it kicked back by the clerk.

Nature of Suit Code

This is the most technical part. The reverse of B1040 lists numbered codes, each tied to a specific type of adversary claim. Check the box for the code that matches your complaint. If you’re a creditor arguing a debt arose from false pretenses or actual fraud, for example, you’d select the code tied to 11 U.S.C. § 523(a)(2).4Office of the Law Revision Counsel. 11 US Code 523 – Exceptions to Discharge Other codes cover actions to revoke a discharge, to recover preferential transfers, or to determine the validity of a lien.

If your complaint raises multiple claims, pick the code that best represents the primary relief you’re seeking. The code is a classification tool, not a legal constraint, so it doesn’t limit what the court will consider. Choosing the wrong one, though, can create administrative confusion and slow initial processing.

The Filing Fee and Who Doesn’t Pay

The filing fee for an adversary proceeding complaint is $350.5United States Courts. Bankruptcy Court Miscellaneous Fee Schedule You pay it when you file the complaint and cover sheet. The clerk’s office won’t open the case or issue a summons until the fee is confirmed. Several categories of filers are exempt:

  • Debtors filing as plaintiffs pay no fee.
  • Child support creditors pay no fee, provided the creditor or representative submits the form required by § 304(g) of the Bankruptcy Reform Act of 1994.
  • For trustees and debtors-in-possession, the fee is paid by the estate, but only to the extent the estate has assets. If it doesn’t, the trustee can ask the court to defer or waive.
  • The United States and programs funded from judiciary appropriations are generally exempt.5United States Courts. Bankruptcy Court Miscellaneous Fee Schedule

The debtor exemption is the one filers most often miss. If you’re the debtor in the underlying case and you’re initiating the adversary proceeding yourself, you owe nothing.

How to Submit It

Electronic Filing

Attorneys registered with CM/ECF file the complaint electronically.6U.S. Bankruptcy Court for the Northern District of Florida. ECF User Manual In many districts the system asks for the same data that appears on B1040 as part of the filing workflow, so uploading a separate PDF may not be necessary. Some districts still want it attached. When you’re unsure, ask the clerk before you submit.

Paper Filing

Self-represented filers without CM/ECF access file in person at the bankruptcy clerk’s window or by mail. Bring or send the completed complaint, the cover sheet, and the filing fee if applicable. Most courts accept cashier’s checks or U.S. Postal Service money orders payable to “United States Bankruptcy Court.” Personal checks and cash are typically not accepted. If you’re mailing, certified mail gives you proof of delivery and a date stamp.

Deadlines That Govern the Complaint

The cover sheet has no independent deadline, but the complaint it accompanies often does. If you’re challenging the dischargeability of a debt under 11 U.S.C. § 523(c), you generally have 60 days from the first date set for the meeting of creditors to file your complaint in a Chapter 7, 11, or 12 case.7Office of the Law Revision Counsel. Rule 4007 – Determination of Dischargeability of a Debt Miss that deadline and the debt gets discharged. You can ask the court for an extension, but only if you file the motion before the original deadline expires.

Not every adversary complaint has the same time pressure. Complaints involving debts under § 523(a)(1), (3), (5), and certain other subsections can be filed at any time. In Chapter 13 cases, the court sets the deadline separately when the debtor moves for discharge. Know your specific deadline before you start on paperwork. The cover sheet takes fifteen minutes; the complaint and its supporting evidence take much longer.

After You File: Summons and Service

Once the clerk accepts your complaint, cover sheet, and fee, the office assigns a unique adversary proceeding number and issues a summons. Serving that summons is your responsibility. The court doesn’t do it for you.

The window is tight. Under Federal Rule of Bankruptcy Procedure 7004(e), you must deliver or mail the summons and complaint within seven days after the summons is issued.8American Bankruptcy Institute. Rule 7004 – Process; Issuing and Serving a Summons and Complaint Miss it and the summons expires. You’ll have to request a new one. Service by mail is permitted in most adversary proceedings, a meaningful difference from ordinary federal litigation, which often requires personal delivery. First-class mail to the defendant’s last known address is enough, and service is complete on mailing.

Errors That Stall Your Filing

Clerks see the same problems on adversary filings over and over. A few to check before you submit:

  • A wrong or missing bankruptcy case number. If the number doesn’t match an active case in that district, the clerk can’t link the adversary proceeding to the underlying file. Verify it on PACER first.
  • Forgetting the fee. Unless you fall into an exempt category, the case doesn’t open without the $350.
  • The wrong Nature of Suit code. This may not get the filing rejected outright, but it can trigger manual correction and delay the summons.
  • Party names on the cover sheet that don’t match the complaint. Discrepancies create confusion and can force an amended filing.
  • A missing corporate ownership statement when a corporate party is involved. Skip the Rule 7007.1 disclosure and the court will order you to file one, which adds delay.3Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 7007.1 – Corporate Ownership Statement

Fill out the cover sheet last, after your complaint is finalized. That way the party names, case number, and Nature of Suit code all match what you’ve written in the pleading.