Complaint to Equitably Subordinate a Claim

Summary

This complaint to equitably subordinate a claim template is for use by a plaintiff to commence a subordination action in a bankruptcy case. This template includes practical guidance, drafting notes, 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 subordinate a claim. 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 information on equitable subordination, see Equitable Subordination and Equitable Subordination versus Debt Recharacterization. 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.