A Primer on Drafting Adversary Complaints, Counterclaims, Cross-Claims, and Third-Party Complaints

By the Honorable Guy R. Humphrey, United States Bankruptcy Judge, Southern District of Ohio

Due to the fact that the bankruptcy process, particularly the consumer bankruptcy practice, is more akin to an administrative process than an adversarial litigation practice, consumer bankruptcy practitioners generally have little experience and training in drafting adversary complaints and other claims for relief. In light of the Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009), drafting complaints, counterclaims, cross-claims, and third-party complaints . . .

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