Updated 11/10/2021
Process Overview
- Open adversary proceeding, attaching Complaint and Adversary Proceeding Cover Sheet
- Fee: $350, unless debtor is the plaintiff or trustee is requesting deferral.
- File Summons and Notice of Scheduling Conference in an Adversary Proceeding.
Forms
- Adversary Proceeding Cover Sheet (Official Form 1040)
- Summons and Notice of Scheduling Conference in an Adversary Proceeding (H2500B)
References
FRBP 7001-7087
Step-by-Step Instructions
Open Adversary Proceeding Screen
- Select Adversary > Open an AP.
- Complaint - Select y
Search for a Plaintiff Screen
- Search for an existing party record by entering plaintiff's name. Click Search.
- If no match is found, No person found displays. Click Create new party.
- If a possible match is found, parties with the same name display.
- Click a name and the party's information displays in a pop up window.
- If the displayed information is an exact match, click Select name from list. If you are not sure it is the same party, click Create new party.
- If not an exact match, click Create new party.
Plaintiff Information screen - Complete the following fields. Leave all other fields blank.
- Last name, First name, Middle name - Enter exactly as they appear in the caption of the complaint. Do not use all caps.
- Generation (Jr., III, etc.) - Enter, if any.
- Address 1, Address 2, Address 3 - Optional.
- City, State, Zip - Optional.
- Party Text - If applicable, enter extraneous party information, e.g. a Vermont insurance company, in her capacity as Commissioner of Financial Securities.
- Role in Bankruptcy Case - Select appropriate option.
- Add additional attorney - The attorney opening this adversary proceeding is automatically added as the plaintiff's attorney. Click to add additional attorneys.
- Alias - Add alias, if any.
- Click Review… and verify entered information is correct. Click Return to Party Screen.
- Click Submit.
Search for a Plaintiff Screen
- Repeat until all plaintiffs have been added.
- When done, click End plaintiff selection.
Search for a Defendant Screen
- Search for an existing party record by entering defendant's name. Click Search.
- If no match is found, No person found displays. Click Create new party.
- If a possible match is found, parties with the same name display.
- Click a name and the party's information displays in a pop up window.
- If the displayed information is an exact match, click Select name from list. If you are not sure it is the same party, click Create new party.
- If not an exact match, click Create new party.
Defendant Information Screen - Complete the following fields. Leave all other fields blank.
- Last name, First name, Middle name - Enter exactly as they appear in the caption of the complaint. Do not use all caps.
- Generation (Jr., III, etc.) - Enter, if any.
- Address 1, Address 2, Address 3 - Required.
- City, State, Zip - Required.
- Party Text - If applicable, enter extraneous party information, e.g. a Vermont insurance company, in her capacity as Commissioner of Financial Securities.
- Role in Bankruptcy Case - Select appropriate option.
- Attorney - Add attorney for defendant, if any. If debtor is the defendant, you must add the debtor's attorney.
- Alias - Add alias, if any.
- Click Review… and verify entered information is correct. Click Return to Party Screen.
- Click Submit.
Search for a Defendant Screen
- Repeat until all defendants have been added.
- When done, click End defendant selection.
Case Association Screen
- Lead case number - Enter case number of related bankruptcy case.
- Association type - Adversary.
Case Assignment Screen
- Click Next.
Statistical Information Screen
- Party Code - Select appropriate option.
- Rule 23 (class action) - Select appropriate option.
- Jury demand - If a demand for jury trial is included in the complaint, select Plaintiff. If not, select None.
- Demand ($000) - Enter in thousands (e.g. "5" for $5,000)
- State law - Select appropriate option.
- Nature of suit - Select the primary nature of suit and up to four more natures of suit.
- Note: If one of the natures of suit is 41 (Objection / revocation of discharge - 727(c),(d),(e)), select it as the primary nature of suit.
PDF Upload Screen
- Click Browse/Choose File and upload PDF of complaint. You may also attach the Adversary Proceeding Cover Sheet but do NOT attach the Summons and Notice of Scheduling Conference. The summons must be filed separately.
Jury Demand Screen
- Answer prompt regarding jury demand
Fee Policy Screen
- Information regarding the court's policy regarding payment of filing fees display. Read it carefully.
Fee Screen
- If plaintiff is the debtor, enter 0.0 as the fee amount.
- If trustee is requesting deferral of the payment, enter 0.0 as the fee amount.
- Otherwise, click Next to accept default fee amount of $350.00.
- Click Next again at the blank screen.
Final Docket Screen
- Carefully review the final docket entry.
- If incorrect, use your browser back button to the applicable screen to make corrections.
- If correct, click Next to file your adversary proceeding.
- If fees are due, a Summary of current charges displays in a separate window. Click Pay Now or Continue Filing.
Notice of Electronic Filing
- The Notice of Electronic Filing is verification that the case has been electronically filed with the court.
Next Steps
- File Adversary Proceeding Cover Sheet, if not already attached to complaint.
- Obtain scheduling conference date from CHAP Presets Report.
- Complete Summons and Notice of Scheduling Conference in an Adversary Proceeding (Form H2500B).
- File Summons and Notice of Scheduling Conference.