COMMENCEMENT OF
U.S. Bankruptcy Court for the Eastern District of Texas
ADVERSARY PROCEEDING.
(a) Filing Requirements A party filing an adversary proceeding must file the following documents with the Clerk: 1. 2. 3. The complaint or notice of removal; A completed adversary proceeding cover sheet, the form for which is available at the Court’s website [www.txeb.uscourts.gov]; and A summons for each defendant.
(b) Filing Fees 1. 2. 3. 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.
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. 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.
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