Adversary Case Opening

Adversary Case Opening

Click the Adversary  hyperlink on the CM/ECF Main Menu.

 

1.  The Adversary Events screen displays.

 

  • Click Open an AP Case  hyperlink.

 

2.   The Case Data screen displays.

  • Accept the default, click Next.

3.  The Request to Enter Lead Case Number displays.

  • Enter lead case number; Association type defaults to Adversary. Do not change the default.

  • Click Next.

4.   The Adversary case will be assigned to the same divisional office and Judge based on the lead case   number that was entered.

  • Click Next.

5.   The SEARCH FOR PLAINTIFF  screen displays.

  • Search for the "Plaintiff" by Last/Business name, SSN or Tax ID. Click, Search.

  • Select the party from list or create new party.

6.  The PLAINTIFF INFORMATION  screen displays.

  • Enter Role in Bankruptcy Case from pick list.

  • Add yourself as the attorney for the plaintiff.

  • Select  Attorney.

7.   The SEARCH FOR ATTORNEY screen displays.

  • Search for your name.  Enter Last Name and/or Bar ID.

Note:  You may need to insert a preceeding 0 in the Bar ID if only five numbers and no match is found.

  • Select attorney name from list.

  • Select Add Attorney. Click Submit.

8.   The SEARCH FOR PLAINTIFFS screen reappears.

  • If there are additional plaintiffs continue to add them until they are all part of the case then click End plaintiff selection.

9.   The SEARCH FOR DEFENDANT screen displays.

  • Search for the "Defendant" by Last/Business name, SSN or Tax ID. Click, Search.

10.  The DEFENDANT INFORMATION  screen displays.

  • Enter Role in Bankruptcy Case from pick list.

  • Click Submit.

11.  The SEARCH FOR DEFENDANT screen reappears.

  • If there are additional defendants continue to add them until they are all part of the case then click End defendant selection.

12.  The STATISTICAL DATA screen appears next.

  • Complete the statistical information.  Select the Primary nature of suit first.  If there are additional nature of suits please select from the appropriate pick list.  Up to five Nature of Suit codes can be entered for an adversary.

 

Note:  i.e. If one of the Nature of Suits is Objection/revocation of discharge, select this as the Primary nature of suit.

 

  • State law is for entry of an existing substantive issue of state law.

 

Note:  The following question will display.  Please enter the appropriate answer.

 

13.  Is the plaintiff the trustee? Please enter [y or n].

If you entered  Y skip to Number 14.

If you entered  N the following question will display

      Is the plaintiff a debtor or child support creditor?  Please enter [y or n].

If you entered N skip to Number 15.

14.  If you entered  Y that the plaintiff is a trustee, the following question displays

     Are you paying the filing fee now? Please enter [y or n].

 

        If you entered  N the following reminder displays:

 

   You must file an application to defer filing fee in this adversary immediately after the complaint has been filed.

 

  • Click Next.

15.  Select browse to associate the pdf of the complaint only; check the radio button attachments to documents Y, click Next.

  • Select browse and attach the pdf of the AP cover sheet

  • Select AP cover sheet as the attachment type.

  • Click Add to List.

  • Click Next.

Note:  In Oakland and San Francisco divisions only. DO NOT DOCKET the " Discovery Order".  The Court will mail a copy of the order with the "Summons Issued" back to the attorney.

 

The Court will prepare and enter the "Summons and Notice In An Adversary Proceeding", it will be transmitted electronically via the NEF (Notice of Electronic Filing) to the attorney for the plaintiff for service on the defendants by mail, in accordance with FRBP 7004.

 

The Fee amount displays

  • Click Next.

  • Click Next.

  • Click Next.

Review final docket text.

  • Click Next.

  • Submit payment.

The Complaint appears in both the adversary and the bankruptcy case.

Manual Chapter: 
Case Opening - Adversary Proceeding