Persons, partnerships or corporations can be plaintiffs in an adversary proceeding and initiate the lawsuit. Federal Rules of Bankruptcy Procedure and the Federal Rules of Civil Procedure govern adversary proceedings, and a non-exclusive list of proceedings is established under Federal Bankruptcy Rule 7001. Adversary proceedings include three sections: the complaint, service or process and the answer.
Reasons for an Adversary Proceeding outlined in Fed. R. Bankr. P. 7001. include: (1) to recover money or property, except a proceeding to compel the debtor to deliver property to the trustee, or a proceeding. (2) to determine the validity, priority, or extent of a lien or other interest in property, other than a proceeding, (3) to obtain approval for the sale of both the interest of the estate and of a co-owner in property, (4) to object to or revoke a discharge, (5) to revoke an order of confirmation of a Chapter 11, Chapter 12, or Chapter 13 Bankruptcy plan, (6) to determine the dischargeability of a debt, (7) to obtain an injunction or other equitable relief, (8) to subordinate any allowed claim or interest, except when subordination is provided in a Chapter 9, 11, 12, or 13 Bankruptcy plan, (9) to obtain a declaratory judgment relating to any of the foregoing, or (10) to determine a claim or cause of action removed pursuant to 28 U.S.C. § 1452.
