Motion to Substitute Party Pursuant to FRBP 7025 and 9014

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Bankruptcy > Motions, Applications & Briefs > Substitute Party Pursuant to FRBP 7025 or 9014, Motion to

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FRBP 7025 and 9014

General Information

A Motion for Substitution may be made by any party or by the descendant’s successor or representative. It permits a party to substitute into an adversary proceeding or contested matter as a party if any of the following circumstances exist in a case:

Death:
1. 1. If a party dies and the claim is not extinguished.
  2. After a party’s death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties.
Incompetency
Transfer of Interest
Public Officers: Death or Separation from Office

Filing Requirements

The Motion must be signed by the filing party.
The Motion must state the name of the substituting party along with their address.
A Certificate of Service must be provided, showing service of the Motion on all parties to the contested matter, if filed on a legal case or, if filed in an adversary case, all parties in that adversary case.
Filing party is not required to file an Objection Notice. The Court will prepare and issue one if deemed necessary.
The moving party is required to upload a proposed order.

Step-by-Step Instructions

1. Log into CM/ ECF

2. Select Bankruptcy > Motions, Applications & Briefs

3. Enter the case number (e.g, xx-xxxxx), click Next

4. Select Substitute Party Pursuant to FRBP 7025 or 9014, Motion to and click Next

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney, click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, click on Add/Create New Party. Click Next

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to select the Motion (pdf file). Click Next

10. Select the correct party to be replaced from the drop down list and click Next

11. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

12. Enter additional text, if desired, and/or select prefix text and click Next

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. The additional text option is not always available.

13. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.

14. Upload proposed order

Curing Deficiencies

If the Motion is deficient, an amended Motion must be filed prior to the deficiency deadline using the instructions above, or the Motion may be stricken.