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Adversary Complaint

  1. Select Adversary > Open an AP Case.
  2. Leave Complaint box to "y" and click Next.
  3. Read the statement "When adding the plaintiff(s), ensure to click the Add additional attorney button and add yourself as attorney for the plaintiff(s). Click Next.
  4. Search for a Plaintiff Party screen:
    There are two ways to search on this screen:
    • The first way to search is in the Last/Business name and First and Middle Name. Enter the plaintiff’s last name or, for a business, enter the entire business name in the Last/Business name text box.
    • The second way to search is by the plaintiff’s SSN or Tax ID.
    • Click Search.
  5. The Party Search Results:
    • If a match appears, select the name from the list only if it matches exactly the way it appears on the pdf copy of the Adversary and then click Select name from list.
    • If plaintiff’s name does not appear, or is not an exact match, click Add/Create New Party.
  6. Plaintiff Information screen:
    • If you selected Create new party, enter the plaintiff’s name.
    • Change the Role in Bankruptcy Case to appropriate party.
    • Click on Add additional attorney.
      • Enter your last name in the Last name text box. Click Search.
      • Select your name from the list in the Attorney search results box. Click Select name from list.
      • Click on Add attorney.
    • Click on Submit.  If you get "Warnings" regarding fields that are blank, click OK.
  7. Search for a Plaintiff Information screen will appear:
    • If you need to add another Plaintiff to the case, then repeat Steps 4 - 6 for each Plaintiff.
    • If the Plaintiff search is completed, click on End plaintiff selection.
  8. Search for a defendant screen:
    There are two ways to search on this screen:
    • The first way to search is in the Last/Business name and First and Middle Name.  Enter the Defendant’s last name, first name and/or Middle name, or for a business, enter the entire business name in the field.
    • The second way to search is by the Defendant’s SSN or Tax ID.
    • Click Search.
  9. The Party Search Results:
    • If a match appears, select the name from the list only if it matches exactly the way it appears on the pdf copy of the Adversary and then click Select name from list.
    • If defendant’s name does not appear, or is not an exact match, click  Add/Create New Party.
  10. Defendant Information screen:
    • If you selected Create new party, enter the defendant’s information
    • Change the Role in Bankruptcy Case to appropriate party.
    • Click Submit.  If you get "Warnings" regarding fields that are blank, click OK.
  11. The Search for a defendant screen will appear again:
    • If you need to add another Defendant to the case, then repeat Steps 8 - 10 for each Defendant.
    • If the Defendant search is completed, click on End defendant selection.
  12. Adversary Statistical screen:
    • Party Code: Unless the US is a plaintiff or defendant in your case, accept the default, US is not a Party in the Case.
    • Rule 23 (class action): The default in the box is “n” for no. Only change the default to “y” if applies.
    • Jury Demand: The default in the box is “none”. Only change the default if it applies.
    • Demand ($000): If there is a dollar demand, enter the ($000) amount to the nearest thousand (i.e. $5075 enter 5, leaving of the 000).
    • State law: The default in the box is “n”. Only change the default if it applies.
    • Primary nature of suit: Select the Primary nature of suit. If there are multiple suits in this adversary, select the rest in the Second nature of suit, Third nature of suit, etc.  If one of the multiple suits is a 727 Objection to Discharge, it is important to enter 424 (Obj/Revocation Discharge 727) as a Primary Nature of Suit.
    • Second nature(s) of suit: Select the second nature of suit, if applicable.
    • Third nature(s) of suit: Select the third nature of suit, if applicable.
    • Fourth nature(s) of suit: Select the fourth nature of suit, if applicable.
    • Fifth nature(s) of suit: Select the fifth nature of suit, if applicable.
    • Click Next.
  13. Read the statement "On the next screen, enter the BK case number in the box next to the Lead Case Number". Click Next.
  14. Enter the Bankruptcy case Number in the Lead case number text box and select "Adversary" listed in the Association type. Click Next.
  15. Case assignment screen appears indicating the office and judge that the case is assigned to based on the lead Bankruptcy Case that was entered on the previous screen. Click Next.
  16. Select Choose File to browse and select the pdf file. Click Next.
  17. Receipt screen:
    • Click Next.  NOTE: If there is no charge for this Adversary (i.e., Debtor as the Plaintiff) type in O in the Receipt # and 0.00 for the Fee$
  18. If needed, modify the text according to the court’s procedures.  Click Next.
  19. Verify the final docket text before submitting.   If correct, click Next.
    CAUTION!!  This is the last screen.  Clicking Next will submit your document to CM/ECF.  If the final docket text is incorrect, click the Back button to find the screen to modify or abort the transaction by clicking on Bankruptcy on the CM/ECF Menu bar.
  20. Notice of Electronic Filing/Receipt screen displays.
    The Notice of Electronic Filing certifies that this pleading is now an official court document.