Complaint to Avoid and Recover Preferential Transfers

Summary

This template is a Complaint to Avoid and Recover Preferential Transfers to be filed in a bankruptcy proceeding. 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 the 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 recover money or property (including preference actions under Section 547 of the Bankruptcy Code). For a full listing of key content that provides an overview of important topics when litigating disputes in bankruptcy cases, see Bankruptcy Litigation Resource Kit. For resources for attorneys representing a party in a Chapter 13 bankruptcy case, see Individual Chapter 13 Bankruptcy Resource Kit. For more information on preferences, see Preferences, Calculating Preference Defenses, and Fraudulent Conveyances versus Preference Actions. For information on adversary proceedings, see Adversary Proceedings. For information on jurisdictional and venue issues, see Bankruptcy Jurisdiction and Venue in Bankruptcy Proceedings. For related templates, see Interrogatories in Preference Action and Request for Admissions in Preference Actions. 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).