Answer
(Bankruptcy Adversary Proceeding)

Summary

This template answer is for use by a defendant in a bankruptcy adversary proceeding. This template includes practical guidance, drafting notes, and alternate and optional clauses. Part VII of the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules) governs adversary proceedings and incorporates (or adapts) most of the Federal Rules of Civil Procedure (Federal Rules). Defendants generally must file an answer if they have been properly served with a complaint and the court has not granted a pre-answer motion to dismiss the suit. The answer contains the defendant's responses to the complaint's allegations, its affirmative or other defenses, and any counterclaims, cross-claims, or third-party claims the defendant intends to bring. Generally, unless the time has been extended, the defendant must serve an answer or response to a pleading within 30 days after issuance of the summons. Fed. R. Bankr. P. 7012(a). This differs from Federal Rule 12(a), which requires the defendant to serve an answer within 21 days of being served with the complaint. Fed. R. Civ. P. 12(a). Bankruptcy Rule 7012 sets forth additional specific rules for, among other things, answering a cross-claim, answers filed by the U.S. (and its officers and agencies), and time to serve a responsive pleading if the court denies a Federal Rule 12 motion. For more information, see Adversary Proceeding Bankruptcy Rules and Federal Rules Comparison Chart. Before drafting the answer, counsel must coordinate with the client and conduct a reasonable inquiry into the plaintiff's allegations to respond in good faith. Fed. R. Civ. P. 11(b). The Federal Rules generally permit the following responses to a complaint's allegations (1) admission, (2) denial, and (3) a statement that the responding party lacks knowledge or information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. Fed. R. Civ. P. 8(b). This template includes various sample responses. For a full listing of key content when litigating disputes in bankruptcy cases, see Bankruptcy Litigation Resource Kit. For resources for government attorneys who are involved in bankruptcy cases, see Government Attorneys Bankruptcy Resource Kit. For more information on adversary proceedings, see Adversary Proceedings.