Scheduling order united states bankruptcy court for the form
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE __________________________________ DISTRICT OF
______________________________________________________ (Name of State) IN RE: _______________________________ CASE NO._____________________________________________________________ PLAINTIFFV. ADV. PROC. NO._______________________________________________________ DEFENDANT COMPLAINT 1.Plaintiff, _________________________________________________ (Creditor),
of _____________________________________________________________________ ________________________________________________________________________________________________________________________________________________ (street address, city, county, state, zip code), is a creditor of the above-named Debtor.2. Defendant, ________________________________________________ (Debtor),
of _____________________________________________________________________ ________________________________________________________________________________________________________________________________________________ (street address, city, county, state, zip code), is the Debtor in the above-captioned
proceedings.3. This is an action under 11 U.S.C.A. § 727(c) objecting to the discharge of the
Defendant Debtor. The court has jurisdiction of this case pursuant to 28 U.S.C.A. § 1334.4. Attorney for Plaintiff has investigated the actions of Debtor and being satisfied
that the proper grounds exist for denial of the discharge of the Debtor, objects to granting
of discharge of the Debtor, particularly as to the debt of Defendant to Plaintiff as
described below.
5.On _____________________________________ (date), Plaintiff entered into a
transaction with Defendant by which (describe nature of transaction) ______________
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ in return for which, Defendant gave Plaintiff a promissory note for the sum of
$________________. As part of the consideration and as an inducement to Plaintiff to
enter into the transaction, Defendant, by written statement, represented and warranted
that the total amount of Defendant's indebtedness was in the sum of $_______________,
excepting any amount due and owing Plaintiff at the time of entering the transaction.
Defendant knew at the time of making the representations that Defendant was heavily in
debt and Defendant falsely and fraudulently, for the purpose of deceiving Plaintiff, failed
to inform Plaintiff of all debts Defendant owed. By reason of these actions, Defendant
was able to deceive Plaintiff into entering the transaction. Plaintiff, relying on the false
and fraudulent promises of Defendant, entered into the transaction. On the filing of
Defendant's Schedule of Debts, Plaintiff discovered the fraud perpetrated on Defendant
and further discovered that Defendant was indebted in the total sum of $_____________
at the time Plaintiff entered into the transaction with Defendant and this sum of money
was exclusive of any sum owed by Defendant to Plaintiff. By reason of the false and
fraudulent statements of Defendant, and by reason of Plaintiff's relying on the
truthfulness of the same, this obligation is not dischargeable. THEREFORE, Plaintiff prays: 1. That Debtor be ordered to amend and supplement Debtor's schedules (specify
schedule numbers)________________________________________________________ so as to show the names, addresses, and dates when the indebtedness was incurred, and
the amounts due all of Debtor's creditors and to show specifically the dates when the
indebtedness as to the creditors already listed were incurred;
2.That if the supplemental and amended petition be not received and filed in this
Honorable Court within the next ________ (number) days or reason given for failure to
comply at the hearing had on the day and date set by this Honorable Court, then Plaintiff
prays that no discharge be granted to the Debtor;3.That Debtor be denied a discharge, particularly as to the above described debt of
Defendant to Plaintiff for the several reasons alleged in the above and foregoing
Complaint; and4.That the day and date be set for hearing on this objection to discharge.Plaintiff prays further for all orders and decrees necessary in the premises.Respectfully Submitted, ____________________________________ CREDITOR By__________________________ (Name of Attorney)
Her Attorney Certificate of Service This is to certify that I, _______________________________________________
(Name of Attorney), attorney for _____________________________________________
(Creditor), Plaintiff in the above-styled and numbered adversary proceeding, have this
date served a true and correct copy of the above and foregoing Complaint by U.S. Mail,
postage fully prepaid, to the following counsel of record for Defendant:_______________________________________________ (Name of Attorney)Post Office Box __________________City, State, Zip Code _____________________________________________________
____________________________This the ____day of ____________________________, 20___.Respectfully Submitted, ____________________________________ (Name of Attorney)
State Bar No. _________
Attorney for PlaintiffOF COUNSEL: ______________________________________________ (Name of Attorney)Post Office Box _______-________City, State, Zip Code ______________________________________________________ _________________________Telephone:_______-_______-__________
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