The ten categories of disputes that must proceed as adversary proceedings rather than as contested matters.
An adversary proceeding is governed by the rules of this Part VII. The following are adversary proceedings:
(1) a proceeding to recover money or property, other than a proceeding to compel the debtor to deliver property to the trustee, or a proceeding under Rule 2017, Rule 6002, or Rule 6009;
(2) a proceeding to determine the validity, priority, or extent of a lien or other interest in property, other than a proceeding under Rule 3012 or Rule 4003(d);
(3) a proceeding to obtain approval under Section 363(h) for the sale of both the interest of the estate and of a co-owner in property;
(4) a proceeding to object to or revoke a discharge, other than an objection to discharge under Sections 727(a)(8), (a)(9), or 1328(f);
(5) a proceeding to revoke an order of confirmation of a chapter 11, chapter 12, or chapter 13 plan;
(6) a proceeding to determine the dischargeability of a debt;
(7) a proceeding to obtain an injunction or other equitable relief, except when a chapter 9, chapter 11, chapter 12, or chapter 13 plan provides for the relief;
(8) a proceeding to subordinate any allowed claim or interest, except when a chapter 9, chapter 11, chapter 12, or chapter 13 plan provides for subordination;
(9) a proceeding to obtain a declaratory judgment relating to any of the foregoing; or
(10) a proceeding to determine a claim or cause of action removed under 28 U.S.C. Section 1452. Fed. R. Bankr. P. 7001.
Federal Rule of Bankruptcy Procedure 7001 is the threshold rule that defines what kinds of disputes within a bankruptcy case must be brought as adversary proceedings. An adversary proceeding is a separate civil action filed within the bankruptcy case, initiated by complaint, served by summons, assigned its own adversary proceeding number, and governed by the full procedural framework of Part VII of the rules (which incorporates many of the Federal Rules of Civil Procedure).
A "contested matter" is a dispute that arises within a bankruptcy case but is not enumerated in Rule 7001. Contested matters are governed by Rule 9014 and are initiated by motion rather than complaint. They generally have shorter response periods, simpler discovery, and faster resolution than adversary proceedings.
The choice between adversary proceeding and contested matter is not merely procedural housekeeping. The categories enumerated in Rule 7001 are matters in which the substantive stakes - dischargeability, lien validity, recovery of property, denial of discharge, injunctive relief - warrant the heightened procedural protections of full Part VII practice. Each Rule 7001 category corresponds to a substantive right that the rule drafters considered too consequential to be decided on motion practice alone.
Bringing a matter as a motion when Rule 7001 requires an adversary complaint is procedurally defective. Courts have routinely dismissed contested-matter motions that should have been adversary complaints, requiring the party to refile by complaint and to satisfy the procedural requirements of Part VII (including Rule 7004 service of summons).
An action to recover money or property of the estate must be brought as an adversary proceeding. This category covers trustee avoidance actions under Sections 544, 547, 548, and 550, turnover actions under Section 542 against non-debtor third parties, and recovery actions on accounts receivable.
An action to determine the validity, priority, or extent of a lien or other interest in property must be brought as an adversary proceeding. Lien-stripping in Chapter 13 under Rule 3012 and exemption-related lien-avoidance actions under Rule 4003(d) are excluded; those are contested matters.
A sale of both the estate's interest and a co-owner's interest in property under Section 363(h) requires an adversary proceeding so that the co-owner receives full procedural protections.
An objection to discharge under Section 727(a) (other than the specifically excluded prior-discharge provisions) or revocation of a granted discharge must be brought as an adversary proceeding.
An action to revoke confirmation of a Chapter 11, 12, or 13 plan must be brought as an adversary proceeding under Sections 1144, 1230, or 1330.
An action to determine the dischargeability of a debt under Section 523 must be brought as an adversary proceeding under Rule 4007. The 60-day deadline runs from the first date set for the meeting of creditors and is generally not extendable except for cause shown by motion filed before the deadline.
A proceeding to obtain injunctive or other equitable relief - other than such relief provided in a confirmed plan - must be brought as an adversary proceeding. This category includes actions for declaratory injunctions against creditor conduct, third-party releases sought outside a confirmed plan, and similar equitable applications.
An action under Section 510(c) to subordinate a claim or interest must be brought as an adversary proceeding, unless the subordination is provided in a confirmed plan.
An action for a declaratory judgment relating to any of the categories in (1)-(8) must be brought as an adversary proceeding. This catchall ensures that declaratory framing does not provide an end-run around the adversary-procedure requirement for the underlying substantive subject.
A claim or cause of action removed to the bankruptcy court under 28 U.S.C. Section 1452 proceeds as an adversary proceeding from the date of removal, with the full procedural framework of Part VII.
A Chapter 7 trustee identifies a pre-petition transfer that appears recoverable as a preference under Section 547. The trustee files an adversary complaint within the two-year statute of limitations of Section 546, serves a summons under Rule 7004, and the matter proceeds with answer, discovery, dispositive motion practice, and trial as in a federal civil action.
A creditor alleges that a debt was incurred by fraud actionable under Section 523(a)(2)(A). The creditor files an adversary complaint within the 60-day deadline under Rule 4007(c), serves a summons, and the matter proceeds as an adversary proceeding through answer, discovery, and trial. The bankruptcy court's judgment of nondischargeability is appealable on the same basis as any other adversary judgment.
Rule 7001 is the procedural classification rule that determines the entire shape of dispute resolution within a bankruptcy case. A practitioner contemplating an action within a bankruptcy case must first determine whether the contemplated action falls within one of the ten Rule 7001 categories. If it does, the action must be filed as an adversary complaint; if not, it proceeds as a contested-matter motion under Rule 9014.
Procedurally defective filings - a motion where a complaint is required - are routinely dismissed or held in abeyance pending refiling as an adversary complaint. The dismissal may, in some circumstances, result in loss of a substantive right if the applicable statute of limitations (e.g., the Rule 4007(c) sixty-day dischargeability deadline) has expired in the interim.
Declaratory framing does not avoid Rule 7001. Rule 7001(9) ensures that a request for declaratory judgment relating to a matter within categories (1) through (8) must still be brought as an adversary proceeding. A motion seeking declaratory relief on a Rule 7001 subject is no less defective than a motion seeking the underlying substantive relief itself.
This page provides general information about Federal Rule of Bankruptcy Procedure 7001. It does not constitute legal advice. Classification of a contemplated proceeding as adversary or contested-matter should be evaluated by qualified counsel against the specific facts and applicable local rules.