Updated 11/11/2020
Process Overview
- Open adversary proceeding, attaching Notice of Removal and Adversary Proceeding Cover Sheet.
- Fee: $350, unless debtor is the plaintiff or trustee is requesting deferral.
- File Process and Pleadings in Removed Matter.
- Court will issue a Notice of Removed Matter and Scheduling Conference.
Forms
Adversary Proceeding Cover Sheet (Official Form 1040)
References
FRBP 9027
Step-by-Step Instructions
Open Adversary Proceeding Screen
- Select Adversary > Open an AP.
- Complaint - Select n.
- Counsel for - Select whether you represent the plaintiff or defendant in the removed matter.
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 the 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
- City, State, Zip
- 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
- 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
- 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
- City, State, Zip
- Party Text - If appropriate, enter extraneous party information, e.g. a Vermont insurance company, in her capacity as Commissioner of Financial Securities.
- Role in Bankruptcy Case
- 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 01 (Determination of removed claim or cause)
Select Event Screen
- Select Notice of Removal
PDF Upload Screen
- Click Browse/Choose File and upload PDF of Notice of Removal and Adversary Proceeding Cover Sheet.
State Court Prompts
- Identify state court action being removed, e.g., Civil No. 19-00123, Circuit Court of the First Circuit, State of Hawaii.
- Enter the name of the party removing the action, e.g., John Smith.
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.
Sample docket entry: Adversary case 20-90005. ADVERSARY PROCEEDING OPENED. 01 (Determination of removed claim or cause): Notice of Removal: Civil No. 19-00123, Circuit Court of the First Circuit, State of Hawaii. Party removing the action: John Smith . Fee Amount $350. (01 (Determination of removed claim or cause))(Attorney, Test)
- 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.
- File Process and Pleadings in Removed Matter.