dischargeability-complaint
Drafts a U.S. bankruptcy adversary complaint under 11 U.S.C. §523 to determine non-dischargeability of debt. Use when a creditor, assignee, or subrogee needs a complaint for Bankruptcy Court with §523 theories (fraud, fiduciary defalcation, willful/malicious injury). Trigger when inputs include d...
Full skill instructions
Drafts a court-ready adversary complaint under 11 U.S.C. §523 for U.S. bankruptcy proceedings, with jurisdiction/venue allegations, evidence-anchored counts, and FRBP compliance.
Collect before drafting:
| Section | Content | Verify |
|---|---|---|
| Caption | Court name, bankruptcy case no., adversary caption, parties | District matches debtor case |
| Jurisdiction/Venue | 28 U.S.C. §§1334, 157(b)(2)(I), 1409; core proceeding | Explicitly alleged |
| Parties | Names, addresses, standing chain | Standing complete |
| Procedural posture | Petition date, §341 date, Rule 4007(c) timing | Within deadline or extension stated |
| Factual narrative | Chronological facts with dates and sources | Each allegation tied to exhibit |
| Counts | Per-theory allegations for each §523 subsection | All elements and remedies included |
| Prayer | Non-dischargeability, amount, interest, fees, costs | Amounts traceable to evidence |
| Verification | Perjury statement and signature block | Authorized signer confirmed |
| Service checklist | Filing-ready package | Complete |
| Theory | Elements | Style |
|---|---|---|
| §523(a)(2)(A) | False representation, scienter, reliance, proximate causation, damages | Fact-dense: who/what/when/where/how |
| §523(a)(2)(B) | Materially untrue financial statement | Attach supporting financials, explain materiality |
| §523(a)(4) | Express fiduciary relationship, breach, fraud/defalcation | Distinguish express fiduciary duty from contractual/statutory |
| §523(a)(6) | Willful and malicious injury | Show intentional conduct + substantial certainty of harm |
[VERIFY] placeholders for unresolved legal standards or local-rule citations.
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