Expert: Mark J. Markus- California Bankruptcy Attorney - 8/1/2006

Question
If an Adversary Complaint is filed against you, you typically have 25 days from the service of the summons to respond.  If the debtor in possession or trustee then files an Amended Adversary Complaint before the time to respond has run, how long do you have to respond?

I believe that it is the longer of either the original 25 days or 10 days days from the date of service of the Amended Adversary Complaint.

But what if the Amended Adversary Complaint has completely new allegations, different causes of action and is for all intents and purposes a brand new Complaint. It doesn't seem fair?


Answer
I can't address what is or isn't fair, but the Federal bankruptcy Rules state that you have a minimum of 10 days to respond to an amended pleading, OR whatever portion of time is remaining to respond to the original complaint, whichever is longer.  (FRBP 7015 and FRCP 15) Your court may have separate local rules that change those time periods.