Skip to main content

Local Rule of Bankruptcy Procedure 7003-1. COMMENCEMENT OF ADVERSARY PROCEEDING.

(a) Filing Requirements A party filing an adversary proceeding must file the following documents with the Clerk: 1. The complaint or notice of removal; 2. A completed adversary proceeding cover sheet, the form for which is available at the Court's website [www.txeb.uscourts.gov]; and 3. A summons for each defendant.

(b) Filing Fees 1. A filing fee must be paid at the time the adversary proceeding is commenced unless no fee is required pursuant to 28 U.S.C. § 1930. 2. If funds are available in an estate, the trustee must pay the filing fee. If no funds are available, the trustee must file, at the time of filing the adversary complaint, a motion to defer payment of the filing fee. Such motion to defer shall be filed in the underlying bankruptcy case and be accompanied by a proposed order. 3. The provisions of Title 28 U.S.C. § 1915 apply to adversary proceedings filed in cases under the Bankruptcy Code.

(c) Caption and Form The caption and form of pleading must comply with the provisions of LBR 7010.