Filing an Adversary Complaint
Last Updated: January 24, 2011

Filing Requirements


To File Electronically:

  1. Log into CM/ECF.

    Note: Trustee should login using their attorney login.

  2. Select [Adversary > Open an AP Case]

    • Case type “ap”

    • Date filed (today’s date)

    • Complaint “y”

  3. Enter Lead Case Number.

    • Association Type is Adversary.

  4. Search for a Party screen:

    • Enter last/business name (upper and lower case) to search for plaintiff name in database.

    • Party search results:

      • If plaintiff name appears, select the name.

        Important Note for Trustees:          Select your "Party" record, not your "Trustee" record. On the next screen, type "Trustee" in Party text field.

      • If plaintiff name does not appear, click on “Create new party."

  5. Party Information screen:
    This screen appears for selected name or creating new party.

    • Address of plaintiff is not necessary unless plaintiff is pro se.  If you have the address, add it.

    • If Trustee is the plaintiff, type "Trustee" in Party text field.

    • Select Role in main Bankruptcy Case.

  6. Select the “Attorney” button and SEARCH by last name of attorney representing plaintiff.

    Caution: Do not create a new attorney record. As an ECF user, your attorney record is available via search. Creating a new record will prevent electronic notifications in the case.     If you observe the attorney address to be less than current, please update the attorney address via: [Utilities > Maintain Your ECF Account]

    Now begin filing your Adversary Proceeding again and you should see the current attorney information.

    • Review plaintiff information once more before submission.

  7. Repeat steps for each plaintiff and defendant. After entering last plaintiff, click End Plaintiff Selection. After entering last defendant, click End Defendant Selection.

    Note: When entering defendant(s), do not enter attorney for defendant(s) at this time.

  8. Case Information Screen:

    • Select Party Code.

    • Select the primary nature of suit, then select up to four more natures of suit.

    • Rule 23 (class action) - default  “n.”

    • Jury demand (default none).

    • Enter demand to the nearest thousand (e.g. enter 5 for $5,000).

    • State Law - default "n."

    Note: DO NOT add additional zeros. The system automatically sets decimal to thousands (e.g. enter 5 for $5,000)

  9. Browse to Select the Complaint (pdf file).

  10. To pay via credit card, leave the receipt field blank and select NEXT to continue filing.  If filing fee is exempt or deferred under 28 U.S.C. § 1930, type EXEMPT or DEFERRED in receipt field and select NEXT to continue filing.

  11. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number as well as the Adversary Proceeding Case Number. The complaint event spreads to the lead bankruptcy case with a docket entry.

  12. The Court will process and docket the Summons and Preliminary Pretrial Order. Plaintiff's(s') attorney will receive the Notice of Electronic Filing.

  13. The Summons, Complaint, and Preliminary Pretrial Order must be served within 14 days of the date the Summons was issued (FRCP 4(e)). Proof of service must be filed with the Court.

 

 

 

 

11 U.S.C.:
FRBP:7000-7087

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