B1040 (FORM 1040) (12/15) 

ADVERSARY PROCEEDING COVER SHEET

(Instructions on Reverse) 

ADVERSARY PROCEEDING NUMBER

(Court Use Only)

PLAINTIFFS DEFENDANTS

ATTORNEYS (Firm Name, Address, and Telephone No.) ATTORNEYS (If Known)

PARTY (Check One Box Only)

□ Debtor □ U.S. Trustee/Bankruptcy Admin

□ Creditor □ Other

□ Trustee

PARTY (Check One Box Only)

□ Debtor □ U.S. Trustee/Bankruptcy Admin

□ Creditor □ Other

□ Trustee

CAUSE OF ACTION (WRITE A BRIEF STATEMENT OF CAUSE OF ACTION, INCLUDING ALL U.S. STATUTES INVOLVED)

NATURE OF SUIT

(Number up to five (5) boxes starting with lead cause of action as 1, first alternative cause as 2, second alternative cause as 3, etc.)

FRBP 7001(1) – Recovery of Money/Property 

□11-Recovery of money/property - §542 turnover of property

□12-Recovery of money/property - §547 preference

□13-Recovery of money/property - §548 fraudulent transfer

□14-Recovery of money/property - other

FRBP 7001(2) – Validity, Priority or Extent of Lien 

□21-Validity, priority or extent of lien or other interest in property

FRBP 7001(3) – Approval of Sale of Property

□31-Approval of sale of property of estate and of a co-owner - §363(h)

FRBP 7001(4) – Objection/Revocation of Discharge

□41-Objection / revocation of discharge - §727(c),(d),(e)

FRBP 7001(5) – Revocation of Confirmation

□51-Revocation of confirmation

FRBP 7001(6) – Dischargeability

□66-Dischargeability - §523(a)(1),(14),(14A) priority tax claims

□62-Dischargeability - §523(a)(2), false pretenses, false representation, 

actual fraud

□67-Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny

(continued next column)

FRBP 7001(6) – Dischargeability (continued)

□61-Dischargeability - §523(a)(5), domestic support

□68-Dischargeability - §523(a)(6), willful and malicious injury

□63-Dischargeability - §523(a)(8), student loan

□64-Dischargeability - §523(a)(15), divorce or separation obligation

(other than domestic support)

□65-Dischargeability - other

FRBP 7001(7) – Injunctive Relief

□ 71-Injunctive relief – imposition of stay

□ 72-Injunctive relief – other

FRBP 7001(8) Subordination of Claim or Interest

□ 81-Subordination of claim or interest

FRBP 7001(9) Declaratory Judgment

□ 91-Declaratory judgment

FRBP 7001(10) Determination of Removed Action

□ 01-Determination of removed claim or cause

Other

□ SS-SIPA Case – 15 U.S.C. §§78aaa et.seq.

02-Other (e.g. other actions that would have been brought in state court

if unrelated to bankruptcy case)

□ Check if this case involves a substantive issue of state law □ Check if this is asserted to be a class action under FRCP 23

□ Check if a jury trial is demanded in complaint Demand $

Other Relief Sought

Divine Nyiawung

Kyle Schumacher, Schumacher Lane PLLC

PO Box 558, Spring Branch, TX 78070

Willful violations of the Automatic Stay pursuant to 11 U.S.C. Sec. 362(a)(6) and Sec. 362(k)

X

U.S. Department of Education

X

Case 23-04036-mxm Doc 2 Filed 06/06/23 Entered 06/06/23 14:37:09 Desc Main

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B1040 (FORM 1040) (12/15) 

BANKRUPTCY CASE IN WHICH THIS ADVERSARY PROCEEDING ARISES

RELATED ADVERSARY PROCEEDING (IF ANY)

PLAINTIFF DEFENDANT ADVERSARY 

PROCEEDING NO.

DISTRICT IN WHICH ADVERSARY IS PENDING DIVISION OFFICE NAME OF JUDGE

SIGNATURE OF ATTORNEY (OR PLAINTIFF)

DATE PRINT NAME OF ATTORNEY (OR PLAINTIFF)

INSTRUCTIONS

The filing of a bankruptcy case creates an “estate” under the jurisdiction of the bankruptcy court which consists of 

all of the property of the debtor, wherever that property is located. Because the bankruptcy estate is so extensive and the 

jurisdiction of the court so broad, there may be lawsuits over the property or property rights of the estate. There also may be 

lawsuits concerning the debtor’s discharge. If such a lawsuit is filed in a bankruptcy court, it is called an adversary 

proceeding.

A party filing an adversary proceeding must also must complete and file Form 1040, the Adversary Proceeding 

Cover Sheet, unless the party files the adversary proceeding electronically through the court’s Case Management/Electronic 

Case Filing system (CM/ECF). (CM/ECF captures the information on Form 1040 as part of the filing process.) When 

completed, the cover sheet summarizes basic information on the adversary proceeding. The clerk of court needs the 

information to process the adversary proceeding and prepare required statistical reports on court activity.

The cover sheet and the information contained on it do not replace or supplement the filing and service of pleadings 

or other papers as required by law, the Bankruptcy Rules, or the local rules of court. The cover sheet, which is largely selfexplanatory, must be completed by the plaintiff’s attorney (or by the plaintiff if the plaintiff is not represented by an 

attorney). A separate cover sheet must be submitted to the clerk for each complaint filed.

Plaintiffs and Defendants. Give the names of the plaintiffs and defendants exactly as they appear on the complaint. 

Attorneys. Give the names and addresses of the attorneys, if known.

Party. Check the most appropriate box in the first column for the plaintiffs and the second column for the defendants.

Demand. Enter the dollar amount being demanded in the complaint.

Signature. This cover sheet must be signed by the attorney of record in the box on the second page of the form. If the 

plaintiff is represented by a law firm, a member of the firm must sign. If the plaintiff is pro se, that is, not represented by an 

attorney, the plaintiff must sign.

NAME OF DEBTOR 

Divine Nyiawung

DISTRICT IN WHICH CASE IS PENDING 

Northern

DIVISION OFFICE 

Fort Worth

BANKRUPTCY CASE 

NO. 22-40639

6/6/2023 Kyle Schumacher

/s/ Kyle Schumacher

NAME OF JUDGE 

Mark Mullin

Case 23-04036-mxm Doc 2 Filed 06/06/23 Entered 06/06/23 14:37:09 Desc Main

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