Documents Required for Initiating a Bankruptcy Proceeding Voluntary or Involuntary Petitions
- Federal Bankruptcy Rules Procedure, Part I - Commencement of a Case; Proceedings Relating to Petition and Order for Relief
- Individuals - Instructions for Bankruptcy Forms
- Non-Individuals - Instructions for Bankruptcy Forms
Proof of Claims
To commence an adversary proceeding, the plaintiff must file the following:
- A signed original complaint, stating if the matter is a core or non-core proceeding. A signed adversary cover sheet. A completed summons.
- Notice of preliminary pre trial conference. (For cases before Judge Enrique S. Lamoutte only)
- Filing fees of $350.00, if applicable.
Please be informed that in order to submit (either in person or by mail) a transcript request, the interested party must fill out and submit to the Clerk’s Office a Transcript Order, National Form Number: AO 435. Petitioner must complete items number 1-16 and 18 contained therein. Upon submitting the request the Clerk’s Office will forward it to the transcriber. Within 24 to a 48 hour period the transcriber will contact the petitioner for delivery coordination and payment process.
Legal Advice in Bankruptcy Proceedings
Title 28 U.S.C. Sec. 955 PROHIBITS any member of the Clerk’s Office staff from giving any advice which may be considered legal in nature. Canon 2f and Canon 3 of the Judiciary’s Code of Conduct, also PROHIBIT this office from providing legal advice and further instruct the staff to remain impartial. Persons seeking advise are informed to consult a lawyer or to contact the local legal assistance office, or the BAR association.