Complaint to Avoid a Lien under Section 544(a)

Summary

This complaint to avoid a lien under Section 544(a) of the Bankruptcy Code template is for use by a plaintiff filing an avoidance action in a bankruptcy case. The template is drafted to address a situation where a lien is unperfected. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. Adversary proceedings are separate cases that are associated with the main bankruptcy proceeding. The complaint is the first document that will be filed in the adversary proceeding. It consists of a caption page, jurisdictional and venue allegations, factual allegations, claims for relief, a demand for relief, and the signature of the attorney or his or her client. It should be well organized and readable. 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). Bankruptcy Rule 7001 specifies the types of relief available only through an adversary proceeding and includes most proceedings to determine the validity, priority, or extent of a lien or other interest in property. For additional resources for attorneys representing a party in a Chapter 13 bankruptcy case, see Individual Chapter 13 Bankruptcy Resource Kit. For a full listing of key content when litigating disputes in bankruptcy cases, see Bankruptcy Litigation Resource Kit. For related content, see Fraudulent Transfers, Avoidance Issues in Individual Bankruptcy Cases Checklist, and Treatment of Pre-petition Liens in Post-petition Property under Section 552. For more information on adversary proceedings, see Adversary Proceedings. For information on jurisdictional and venue issues, see Bankruptcy Jurisdiction and Venue in Bankruptcy Proceedings. For additional resources, see Bankruptcy Litigation Resource Kit. For your planning purposes, note that the defendant in a bankruptcy adversary proceeding must in general file an answer or other responsive papers within 30 days after issuance of the summons. Fed. R. Bankr. P. 7012(a)(1).