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cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I filed an adversary proceeding in a New York bankruptcy court

Customer Question

I filed an adversary proceeding in a New York bankruptcy court against a Debtor on March 26, and have not served the Summons and Complain yet.
1) May I file an amended complaint, as of right and without the Court's permission, to include a co-plaintiff (my wife) and a co-defendant (the Debtor's husband)?
2) Am I on time?
3) Do I need to pay fees again?
4) Do I need to file a new Form B104 (Adversary Proceeding Cover Sheet)?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 5 years ago.

cortrightlaw : Did you list any DOE defendants on the original? And why do you want to include them now?
Customer :

I only listed the Debtor (1) as defendant. I have now realized that I should have included her husband too.

cortrightlaw : Sorry your response did not come righ through
cortrightlaw : You can just file the first amended complaint, no additional fee will be due and you should not have to file a new cover sheet, the court will have to issue a new summons for you to serve on the defendants.
cortrightlaw : As to being on time you are fine since you have not served the complaint and the defendant has not answered, you just need to make sure to serve the new summons timely.