Adversary

Agreed Consent to Judgment

Official Procedure Last Change September 15, 2014

Agreed Consent to Judgment

How to file:

Location of event: Adversary > Resolution (Dismissal/Judgment) & Post-Judgment Matters > Agreed Consent to Judgment (Resolves an Adversary Proceeding)

Things to be aware of when filingThe agreement must be titled Agreed Consent to Judgment, not Agreed Judgment, and must not contain order or judgment language such as "it is ordered" or "it is adjudged," nor findings of the court, nor a place for the judge's signature.

General Information

  • This event should be used to obtain court approval of an agreement that disposes of a pending adversary proceeding.
  • A separate judgment that approves the agreement will be entered by the Court, which will appear in a separate docket entry.

See more information on resolutions of adversary proceedings

Filing requirements

  • The document must be signed by all parties to the agreement.
  • The agreement must be titled Agreed Consent to Judgment, not Agreed Judgment.
  • The agreement must not contain order or judgment language, such as "it is ordered" or "judgment is hereby entered," nor a place for the judge's signature.
  • The agreement must not contain findings of the court, for instance,  that the agreement is fair and equitable, was negotiated at arms’ length, or is in the best interests of the parties.
  • A separate proposed judgment that incorporates the terms of the agreement must be uploaded. If the judgment relates to a request to avoid a wholly unsecured mortgage or lien, it must state both the common address and legal description of the affected property.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Resolution (Dismissal/Judgment) & Post-Judgment Matters.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Agreed Consent to Judgment (Resolves an Adversary Proceeding) from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. 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.

7. Select all parties that have signed off on the agreement. If a party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. Only check the box to create an association if the party is represented by the attorney shown. The warning box that pops up if no box is checked can be safely ignored.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Select the appropriate radio button relating to the dismissal of the adversary and click Next.

10. If you answered Yes in the above step, an objection deadline is calculated and displayed if the adversary is seeking revocation or denial of discharge. Click Next.

11. Select prefix text, if applicable, and click Next.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Amended Adversary Complaints

Official Procedure Last Change April 25, 2014

Amended Adversary Complaints

How to file:

Location of event: Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings > Amended Complaint

Things to be aware of when filing: A motion for leave to amend complaint may be required as well - consult FRBP 7015 to determine this.

  • FRBP 7015, 7025

General Information

Consult FRBP 7015 to determine when a Motion for Leave to Amend Complaint may need to be filed before the filing on an amended complaint.

Filing requirements

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Amended Complaint from the event list and click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

6. Browse to attach the document to be filed (pdf file). Click Next.

7. Check the box next to the complaint that you are amending and click Next.

8. Select the appropriate radio button to indicate whether your Amended Complaint is seeking to add a new plaintiff or defendant and click Next.

9. Final docket text is displayed. Click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Answer in an Adversary Case

Official Procedure Last Change December 1, 2019

Answer in an Adversary Case

How to file:

Location of event: Adversary > Answers & Defendant's Initial Pleadings > Answers

Things to be aware of when filing: If defendant is not an individual, the answer must be accompanied or preceded by a corporate ownership.

  • FRBP 7012
  • FRCP 5

General Information

  • An Answer is a formal written statement made by a defendant setting forth the grounds for his defense.
  • The Defendants have 30 days from the date of issuance of the Summons to file an answer.  Defendants who are part of the U.S. government have 35 days from the date of issuance of the Summons to file an answer.

Filing requirements

  • Per Clerk's Notice of 2/15/11, a Statement of Corporate Ownership must be filed if the Defendant is not an individual or a governmental unit, unless the defendant is the debtor.
  • The Answer must contain a Certificate of Service.
  • The Answer must include a statement indicating whether the filer does or does not consent to a final order or judgment being entered by the Bankruptcy Judge.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Answers & Defendant's Initial Pleadings > Answers.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

6. Select document the Answer is related to and click Next.

7. Browse to attach the document to be filed (pdf file). Click Next.

8. Check the appropriate box if this filing includes a third-party complaint, cross-claim, and or counterclaim, and ensure the complaint that you are answering is selected. Click Next.

9. Final docket text is displayed. Click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Application for Entry of Default by Clerk

Official Procedure Last Change June 6, 2016

Application for Entry of Default by Clerk

How to file:

Location of event: Adversary > Motions & Briefs > Default by Clerk, Application for Entry of

Things to be aware of when filingAn Affidavit must accompany the Application (or be included in it). The Affidavit must include Penalty of Perjury language.

 

  • FRBP 7055(b)(1), 9024
  • S. D. Ind B-7055-1

 

General Information

  • If a plaintiff wishes to seek entry of a default judgment, an Application for Entry of Default by Clerk must first be filed.
  • Once the clerk has entered the Entry of Default, a Motion for Default Judgment can be filed for consideration by the judge. 

Filing requirements

  • The Application must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • Judge Lorch cases only: If the adversary proceeding has multiple defendants, separate applications must be filed for each defendant.
  • It is not necessary to upload a proposed order.
  • An Affidavit must accompany the Application (or be included in it). If not included at the time of filing of the Application, the affidavit may be filed separately using the Affidavit event (which can be found at Adversary > Motions & Briefs). The Affidavit must state that the defendant:
    • has failed to plead or otherwise defend;
    • is not protected by the Servicemembers Civil Relief Act of 2003; and
    • is not a minor or incompetent person.
  • The Affidavit must contain Penalty of Perjury language. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Default by Clerk, Application for Entry of from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Application 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. If you attached the Affidavit in step 9 (or if it is included in the Application), select the Affidavit is attached to this event radio button. If you are planning
to file the affidavit later, select the Affidavit will be filed as a separate event radio button. Click Next.

11. If you indicated in step 5 that you are filing an amended application, select the application that is being amended. Click Next.

12. Select prefix text, if applicable, and click Next.

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

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Denial or Revocation of Discharge

Official Procedure Last Change December 29, 2015

Denial or Revocation of Discharge

  • USC 727, 1144, 1228(d), 1328(e), (f)

  • FRBP 4004, 7001(4)

General Information

In general, a party wishing to seek the denial or revocation of the debtor's discharge must do so by means of an adversary proceeding. Exceptions to this include:

  • If the trustee had previously filed and been granted a Motion to Compromise and/or Settle under Rule 9019 which contained terms indicating that the debtor's discharge be revoked or denied should the debtor default on the terms set out in the Motion.
  • The filing of a Motion Objecting to Discharge for the reason that the debtor is ineligible for a discharge because the current case was filed too soon after receiving a discharge in another case.

See separate procedure for information on getting the discharge reinstated once it has been revoked.

Filing requirements

The filing party must upload a proposed order or judgment. If seeking revocation of discharge, the order/judgment must use "revoke" as the operative verb rather than another term such as "rescind" (which term refers only to reversing orders entered in error).

Discovery materials

Official Procedure Last Change November 18, 2015

Filing of Discovery Materials

How to file:

Location of event: Bankruptcy > Notices & Certifications > Notice of Submission

Things to be aware of when filing: Discovery materials (whether discovery requests, responses, or deposition transcripts) generally should not be filed with the court.

General Information

Discovery materials (whether discovery requests, responses, or deposition transcripts) generally should not be filed with the court, except in the circumstances described in S. D. Ind. B-7005-2.

To file discovery materials pursuant to the limited circumstances described in that rule, the Notice of Submission event should be used.

Note that separate events are available for the following discovery-related documents: (Click each link for corresponding filing instructions)

Dismissal of Adversary Proceedings or parties/counts

Dismissal of Adversary Proceedings or parties/counts therein

Request to dismiss adversary is being filed on behalf of:

Dismissal of Adversary Proceedings or parties/counts (request filed by plaintiff)

Official Procedure Last Change March 17, 2017

Dismissal of Adversary Proceedings or parties/counts therein (request filed by plaintiff alone or jointly with defendant)

 See separate procedure if the defendant alone is seeking to dismiss an adversary case.

How to file:

Location of event:

Things to be aware of when filingStipulation of Dismissal: You must select both plaintiff and defendant from the party select screen (even though only one party is actually filing the document). Hold down the Ctrl key to select more than one party.

 

General Information

  • Notice of Dismissal. Fed.R.Bankr.P. 7041 permits the plaintiff to withdraw a complaint, prior to a defendant’s filing of an answer or motion for summary judgment, by filing a notice of dismissal. The notice of dismissal concludes the adversary proceeding, with no further order from the Court. If a defendant has answered or moved for summary judgment, the plaintiff cannot use the notice of dismissal to terminate the adversary proceeding but instead must file either a stipulation of dismissal or a motion to dismiss. The notice of dismissal should be served on the defendant.  If the proceeding is a 727 Objection to/Revocation of Discharge, then the notice of dismissal should also be sent to the US Trustee, any trustee, any counsel of record that have appeared (even if they only appeared in the legal case and not the adversary case, or vice versa), and any party intervening pursuant to FRBP 7024.  
  • Stipulation of Dismissal. Fed.R.Bankr.P. 7041 also permits the parties to file a stipulation of dismissal. This stipulation concludes the adversary proceeding, with no further Court order. A ”joint motion to dismiss” should be filed as a stipulation of dismissal. If the stipulation of dismissal includes conditions precedent or subsequent, it should be filed as an agreed consent to judgment. If the proceeding is a 727 Objection to/Revocation of Discharge, the Stipulation must be sent to the US Trustee, any trustee, any counsel of record that have appeared (even if they only appeared in the legal case and not the adversary case, or vice versa), and any party intervening pursuant to FRBP 7024.
  • Motion to Dismiss. The plaintiff’s motion to dismiss after defendant’s answer or summary judgment request requires service on the other parties in the adversary proceeding, or, if the proceeding is a 727 Objection to/Revocation of Discharge, on the US Trustee, any trustee, any counsel of record that have appeared (even if they only appeared in the legal case and not the adversary case, or vice versa), and any party intervening pursuant to FRBP 7024. A Court order granting the motion is also required. If the Motion seeks to dismiss a party/parties, and not the entire adversary proceeding, the Motion to Dismiss Party event must be used.
  • An Appearance, filed by any attorney for the moving party, must be filed as a separate event. If an Appearance is not filed, the court will issue a Notice of Deficient filing and any further notice to be issued by the court or Order Granting will be held by the court until the deficiency is cured. If the deficiency is not cured, the original entry may be stricken from the record.

See more information on resolutions of adversary proceedings

Filing requirements

  • The document must be signed by all parties to the agreement.
  • The document must not contain order or judgment language, such as "it is ordered" or "judgment is hereby entered," nor a place for the judge's signature.
  • Filing party is responsible for uploading a proposed order.
  • A certificate of service must be included with motions to dismiss adversary proceeding, with all notices of dismissal, and with stipulations of dismissal if the adversary is a 727 action. 

Step-by-Step Instructions to file Notice or Stipulation of Dismissal

1. Log into CM/ECF.

2. Select Adversary > Resolution (Dismissal/Judgment) & Post-Judgment Matters.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Dismissal Notice re: Adversary Proceeding, Party, or Count or Dismissal Stipulation re: Adversary Proceeding, Party, or Count from the event list and click Next.

5. Do not check the box to indicate that you are filing jointly with another attorney. Just click Next.

6. Click to highlight the Party. The plaintiff is always a filing party. The defendant should also be selected if you are filing a Stipulation of Dismissal (hold down the Ctrl key to select more than one party). Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create any associations that apply. DO NOT check any boxes that do not apply. If none apply, do not check any boxes - in that case, when you click Next, a warning message will appear telling you that you have not created an association. You may safely ignore the warning and click OK to continue.

7. Browse to attach the document to be filed (pdf file). Click Next.

8. Select appropriate radio button and click Next.

9. If you indicated that only a certain party was to be dismissed and not the entire adversary proceeding, select the party who is to be dismissed from the drop-down list and click Next.

10. 727 action cases only: Objection deadline is automatically calculated and displayed. Click Next.

11. Select prefix text, if applicable, and click Next.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Step-by-Step Instructions to file Motion to Dismiss

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Dismiss Adversary Proceeding or Count from the event list 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 attorneys and click Next.

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

8. Click to highlight the Party and click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create any associations that apply.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Select appropriate radio buttons and click Next.

11. If you indicated that the motion is being filed pursuant to Fed.R.Civ.P. 12(b)(6), you are asked whether you are attaching the brief along with the motion. Select the correct radio button and click Next.

12. If a brief is required and you indicated that the brief is not being filed at this time, the deadline for filing it is calculated and displayed. Click Next.

13. Enter date of service of motion (and brief, if applicable) - this may not be today's date. Click Next. Response date is calculated and displayed. Click Next. (This step is skipped if a brief is required but has not yet been filed.)

14. 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.

15. Select prefix text, if applicable, 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. 

16. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion to Dismiss Adversary Case or counts therein filed by defendant

Official Procedure Last Change December 1, 2019

Motion to Dismiss Adversary Case or counts therein filed by defendant

See separate procedure if the plaintiff is seeking to dismiss an adversary case/party/count - either alone, or jointly with the defendant.

How to file:

Location of event: Adversary > Motions & Briefs > Dismiss Adversary Proceeding or Count

Things to be aware of when filingSpecific requirements for service of the Motion apply if filed on a 727 Objection to or Revocation of Discharge proceeding.

General Information

This motion is used by a defendant seeking the dismissal of the adversary case, or counts therein. See separate procedure if the plaintiff is seeking to dismiss an adversary case or party or count. If the Motion seeks to dismiss a party/parties, and not the entire adversary proceeding, the Motion to Dismiss Party event must be used.

Filing requirements

  • The Motion must be signed by the defendant or defendant's attorney.
  • A Certificate of Service showing service of the Motion on the plaintiff must be included.
  • If the proceeding is a 727 Objection to/Revocation of Discharge, then the Motion should also be sent to the US Trustee, any trustee, any counsel of record that have appeared (even if they only appeared in the legal case and not the adversary case, or vice versa), and any party intervening pursuant to FRBP 7024.
  • If the motion is being filed pursuant to Fed.R.Civ.P. 12(b)(6), an accompanying brief is required, or a motion seeking relief from the briefing requirement.
  • Pursuant to FRBP 7007.1(a), a Statement of Corporate Ownership must be filed if the Plaintiff is not an individual or a governmental unit, unless the defendant is the debtor.
  • It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Dismiss Adversary Proceeding or Count from the event list 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 attorneys and click Next.

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

8. Click to highlight the Party and click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create any associations that apply.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Select appropriate radio buttons and click Next.

11. If you indicated that the motion is being filed pursuant to Fed.R.Civ.P. 12(b)(6), you are asked whether you are attaching the brief along with the motion. Select the correct radio button and click Next.

12. If a brief is required and you indicated that the brief is not being filed at this time, the deadline for filing it is calculated and displayed. Click Next.

13. Enter date of service of motion (and brief, if applicable) - this may not be today's date. Click Next. Response date is calculated and displayed. Click Next. (This step is skipped if a brief is required but has not yet been filed.)

14. 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.

15. Select prefix text, if applicable, 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. 

16. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

17. Upload proposed order.

Filing a New Adversary Complaint

Official Procedure Last Change December 1, 2019

Filing a New Adversary Complaint

For information on filing a Notice of Removal , see separate procedure.

General Information

  • A new Adversary Complaint filed with the Southern District of Indiana must include the following:
    • Adversary Complaint
    • A statement in the complaint indicating whether the filer does or does not consent to a final order or judgment being entered by the Bankruptcy Judge
    • Adversary Cover Sheet (not required if the Adversary Complaint is filed electronically)
    • Pursuant to FRBP 7007.1(a), a Statement of Corporate Ownership must be filed if the Plaintiff is not an individual or a governmental unit, unless the defendant is the debtor.
    • Adversary filing fee

Exceptions to the fee requirement:

  • No fee is required if the Adversary is filed by a Chapter 7 or 13 Debtor, the US Trustee, or a US Government Agency.
  • Chapter 11 and 12 debtors are exempt from the fee if their adversary seeks to determine dischargeability of a debt.
  • Chapter 11 and 12 debtors filing any other type of adversary can have the fee deferred if they file an Affidavit stating that no liquid funds are currently available from the bankruptcy estate to pay the fee, and send an e-mail to nofee@insb.uscourts.gov. Upon completion of the event, select Continue Filing from the credit card pop-up screen. Do not pay your outstanding fees. The court will review the filing and notify you by return e-mail if the fee has been removed or if the fee must be paid.
  • If Adversary is filed by the Trustee, the filing fee is required but may be deferred.
  • Child Support Creditors are exempt from the filing fee. In order to obtain the exemption, Official Form B 2810 must be filed and an e-mail sent to nofee@insb.uscourts.gov. Upon completion of the event, select Continue Filing from the credit card pop-up screen. Do not pay your outstanding fees. The court will review the filing and notify you by return e-mail if the fee has been removed or if the fee must be paid.
  • The Bankruptcy Court Clerk’s office does not mail the summons and pretrial orders to plaintiff’s attorney. Plaintiff’s attorney must print the summons and order, if any, from the e-mail link on the Notice of Electronic filing when the summons and/or pretrial order is docketed in ECF or by logging-in and viewing the docket from the PACER web site.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > File New Adversary Complaint.

3. Ensure that the Complaint radio button is selected and click Next.

4. Enter Bankruptcy Lead Case Number (in the format xx-xxxxx).

5. Leave Association type set to Adversary, click Next.

6. The division to which the adversary will be assigned is displayed. Click Next.

7. Enter Social Security Number or Tax ID of plaintiff, if known, or enter last/ business name and click Search.

8. If the plaintiff is shown in the Party search results box and is exactly correct (including the address), click to select that party and click Select name from list. Otherwise, click Create new party    See full instructions on how to create a new party

9. Select the role that the plaintiff has in the bankruptcy case from the drop down list and click Submit.

10. Repeat steps 7 - 9 as necessary for further plaintiffs. When all plaintiffs have been entered, click End Plaintiff Selection.

11. Enter Social Security Number or Tax ID of defendant, if known, or enter last/business name and click Search.

12. If the defendant is shown in the Party search results box and is exactly correct (including the address), click to select that party and click Select name from list. Otherwise, click Create new party    See full instructions on how to create a new party

Note: Attorneys for defendants cannot be added during adversary case opening, unless it is a Notice of Removal. Otherwise, defendant's attorneys must file an appearance in order to be added to an adversary case.

13. Select the role that the defendant has in the bankruptcy case from the drop down list and click Submit.

14. Repeat steps 11 - 13 as necessary for further defendants. When all defendants have been entered, click End Defendant Selection.

15. Select appropriate Party Code (i.e. US is a Plaintiff, US is a Defendant, or US not a Party).

16. Select appropriate option regarding Rule 23 Class Action (i.e. yes or no).

17. Select appropriate Jury Demand (i.e. None, Both, Defendant, or Plaintiff).

18. Enter Demand amount (stated in $000, to the nearest thousand. Example: Enter 6 for a demand of $6010.00). Note: Do not enter any demand amount if you are only seeking to determine dischargeability of an existing debt.

19. Select appropriate option regarding State Law (i.e. If case involve a substantive issue of State Law).

20. Select the Primary Nature of Suit from the drop-down list (repeat for Second through Fifth nature of suit if applicable). Click Next.

21. Review notice regarding Summons and Pretrial Order, click Next.

23. Browse to attach the Complaint to be filed (pdf file). Click Next.

24. Select the party filing complaint, click Next.

25. CM/ECF displays the fee due, if any. Click Next.

Note: If the fee information is incorrect, click the Internet Explorer Back button and verify party.

26. Click Next.

27. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Findings of Fact and Conclusions of Law

Official Procedure Last Change September 10, 2012

Findings of Fact and Conclusions of Law

General Information

The court may ask attorneys to submit proposed findings of fact and conclusions of law. These will be used by the court as the starting point for preparing a ruling.

Preparing proposed Findings of Fact and Conclusions of Law: Submitted by an Attorney

  • Proposed findings of fact and conclusions of law must be submitted by the deadline set by the court.
  • If additional time is needed, a motion for extension of time must be filed before the expiration of the deadline. The motion must indicate whether the opposing party or parties consent to an extension.
  • Each finding and conclusion should be numbered separately, and the document as a whole should be paginated.
  • Proposed findings of fact should be as objective as possible and should be a fair and accurate reflection of the evidence presented. The proposed conclusions of law are the appropriate place to advocate for your position.

Submitting proposed Findings of Fact and Conclusions of Law

Guidance for proper procedure for disposition of adversary proceedings

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF INDIANA

GUIDANCE ON PROPER PROCEDURE
FOR DISPOSITION OF ADVERSARY PROCEEDINGS

[updated August 2014]

Subject to the special requirements for actions seeking denial or revocation of discharge or proposed settlements involving a trustee, an adversary proceeding that does not go to trial or result in default judgment can be concluded in one of several ways:

Notice of Dismissal. Fed.R.Bankr.P. 7041 permits the plaintiff to withdraw a complaint, prior to a defendant’s filing of an answer or motion for summary judgment, by filing a "notice of dismissal." The notice of dismissal concludes the adversary proceeding, with no further order from the Court. If a defendant has answered or moved for summary judgment, the plaintiff cannot use the notice of dismissal to terminate the adversary proceeding but instead must file either a stipulation of dismissal or a motion to dismiss. The plaintiff’s motion to dismiss after defendant’s answer or summary judgment request requires notice to the other parties in the adversary proceeding and a Court order granting the motion. See Fed.R.Civ.P.41(a)(2).

Stipulation of Dismissal. Fed.R.Bankr.P. 7041 also permits the parties to file a "stipulation of dismissal." This stipulation also concludes the adversary proceeding, with no further Court order. As such, a stipulation of dismissal should contain no conditions precedent or subsequent, as that would more properly be an "agreed consent to judgment." A "joint motion to dismiss" should be filed as a stipulation of dismissal. Again, if the stipulation of dismissal includes conditions precedent or subsequent, it should be filed as an agreed consent to judgment.

Consent to Judgment. It is presumed that the parties want any agreement resolving the adversary proceeding to have the same effect as a judgment. Fed.R.Bankr.P. 9021 requires that "every judgment entered in an adversary proceeding or contested matter shall be set forth on a separate document." Therefore, parties wishing to memorialize an agreement are directed to file a "consent to judgment" signed by the parties to the agreement. The document should not contain order or judgment language nor a place for the judge’s signature. While the "judgment" may recite the terms of the parties’ agreement, it should not include any findings by the Court, e.g., that the agreement is fair and equitable, was negotiated at arms’ length, or is in the best interests of the parties. It also should not include any language indicating that the Court is retaining jurisdiction over the agreement or its enforcement.

A separate order entitled "judgment" should be submitted that approves the consent to judgment. See below for discussion of the additional requirements governing settlements of actions under § 727 or settlements with trustees.

Complaints to Deny or Revoke Discharge. Fed.R.Bankr.P. 7041 and S.D.Ind. L.R. B-7041-2 add special requirements for disposition of complaints to deny or revoke discharge under 11 U.S.C. §727. Any dismissal must be served on parties in accordance with the local rule. A notice of dismissal or stipulation of dismissal, if properly served in accordance with the local rule on the trustee, United States Trustee, and counsel of record in the bankruptcy case, will be held for twenty-one days. Parties receiving notice of the dismissal have an opportunity to object during that time. If no objection is filed, the adversary proceeding is closed. Any agreed consent to judgment (other than a settlement with the case trustee, which is discussed below) must also be properly served and the order approving same will not be entered until the twenty-one day objection period has passed.

Settlements with Trustees. Fed.R.Bankr.P. 9019 and S.D.Ind. L.R. B-9019-1 establish additional requirements for settlements with trustees or debtors-in-possession–which would include settlements of complaints to deny or revoke discharge. These requirements also apply to causes of action which are property of the estate but which are being pursued by an entity other than the trustee, such as a fraudulent conveyance action brought by the creditors’ committee.

Notice and opportunity for hearing on such settlements are required. The proper procedure is to file a motion to compromise and settle in the legal case, not the adversary proceeding. That pleading should only have the legal caption, as the body of the motion should contain the adversary proceeding information. As required by S.D.Ind.L.R. 9019-1, one of the parties to the settlement shall give notice of the opportunity to object in the legal case, and shall file a certificate of service. If no objection is filed, or if any objection is overruled, the Court will grant the motion in the legal. At that point the parties in the adversary proceeding will file in the adversary proceeding a notice of dismissal, stipulation of dismissal, or agreed consent to judgment–whatever is appropriate under the circumstances - pursuant to Fed.R.Bankr.P. 7041.

Intervenors and Motion to Intervene

Official Procedure Last Change May 31, 2016

Intervenors and Motion to Intervene

How to file:

Location of event: Adversary > Motions & Briefs > Intervene, Motion to

Things to be aware of when filingA party (other than a trustee) desiring to intervene in a proceeding must file a Motion to Intervene, which may only be filed in an adversary proceeding.

 

  • FRBP 2018

General Information

  • An intervenor is an individual or entity who is not already a party to an existing proceeding but who makes himself or herself a party either by joining with the plaintiff or uniting with the defendant in resistance of the plaintiff's claims.
  • This differs from an appearance, which is a request by an attorney to represent an existing party or creditor in a case or proceeding.
  • A party desiring to intervene in a proceeding must file a Motion to Intervene, using the instructions below. A trustee is not required to file this motion.

Filing requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • It is not necessary to upload a proposed order - the court will prepare one. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Intervene, Motion to from the event list 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

11. Select prefix text, if applicable, and click Next.

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

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion Pursuant to FRBP 7042

Official Procedure Last Change December 29, 2015

Motion Pursuant to FRBP 7042

How to file:

Location of event: Adversary > Motions & Briefs > Fed.R.Bankr.P. 7042, Motion Pursuant to

 

  • FRBP 7042

 

General Information

This event is used when seeking to consolidate two or more adversary proceedings, for trial purposes or other reasons. It is separate and distinct from a Motion to Consolidate, which applies to legal cases.

Filing Requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Fed.R.Bankr.P. 7042, Motion Pursuant to from the event list 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

11. Select prefix text, if applicable, and click Next.

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

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.

Motion for Default Judgment

Official Procedure Last Change March 11, 2015

Motion for Default Judgment

How to file:

Location of event: Adversary > Motions & Briefs > Default Judgment, Motion for

Things to be aware of when filingAn Application for Entry of Default by Clerk must first be filed before a motion for default judgment can be filed.

 

 

General Information

  • If a defendant has failed to timely file an answer, to appear when summoned, or otherwise fail to plead, the plaintiff may file a request for a default judgment in their favor.
  • If a plaintiff wishes to seek entry of a default judgment, an Application for Entry of Default by Clerk must first be filed.
  • A default judgment will not be entered until the Clerk's Entry of Default has been docketed.

Filing Requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • A proposed default judgment must be uploaded. If the judgment relates to a request to avoid a wholly unsecured mortgage or lien, it must state both the common address and legal description of the affected property.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Default Judgment, Motion for from the event list 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

11. Select prefix text, if applicable, and click Next.

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

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed default judgment.

Motion for Interpleader Deposit

Official Procedure Last Change May 15, 2020

Motion for Interpleader Deposit

  • 28 USC 1335
  • FRBP 7067
  • S. D. Ind. 7067-1

General Information

Before filing a motion to interplead or deposit funds, contact the Clerk or the Court’s Financial Supervisor for information and directions.

If it is determined that a Motion for Interpleader Deposit is to be filed, it must contain a certification of the prior discussion with the Clerk or Financial  Supervisor. The Motion must be filed in an adversary proceeding.

To request disbursement of interpleader deposited funds, the Motion for Interpleader Disbursement event should be used.

Motion for Judgment on Pleadings

Official Procedure Last Change August 11, 2017

Motion for Judgment on Pleadings

How to file:

Location of event: Adversary > Motions & Briefs > Judgment on Pleadings Pursuant to FRCP 12(c), Motion for

 

  • FRCP 12(c), (d)

 

General Information

This event may be used after the pleadings are closed (but early enough not to delay trial) if a party seeks judgment based solely on the complaint, the answer and any written instruments attached thereto as exhibits. This event can also be used when a party is seeking judgment based on a counterclaim and the answer thereto, a cross claim and the answer thereto, and a third-party complaint and the answer thereto.

Filing requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Judgment on Pleadings Pursuant to FRCP 12(c), Motion for from the event list 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Select the docket entry to which the Motion relates and click Next.

11. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

12. Select prefix text, if applicable, and click Next.

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

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion for Leave to Amend Adversary Complaint / Pleading

Official Procedure Last Change June 25, 2018

Motion for Leave to Amend Adversary Complaint / Pleading

How to file:

Location of event: Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings > Amend Complaint/Pleading, Motion for Leave to

Things to be aware of when filing: A motion for leave to amend is not always required to amend a pleading. Consult FRBP 7015 to determine this.

 

  • FRBP 7015, 7025

 

General Information

Consult FRBP 7015 to determine when an amended pleading may be filed without the need to file a Motion for Leave to Amend.

Filing Requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • Do not file the Amended Complaint or pleading along with the Motion. It should be filed once the Motion has been granted.
  • A proposed order must be uploaded. The order must not contain language indicating that the amended complaint will be 'deemed filed' upon granting of the Motion or similar.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Amend Complaint/Pleading, Motion for Leave to from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. 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.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Check the box next to the complaint or pleading that you are amending and click Next.

10. Select prefix text, if applicable, and click Next.

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

11. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

12. Upload proposed order.

Motion for Summary Judgment

Official Procedure Last Change May 24, 2016

Motion for Summary Judgment

How to file:

Location of event: Adversary > Motions & Briefs > Summary Judgment, Motion for

Things to be aware of when filingA brief that complies with S. D. Ind. B-7056-1 must accompany the motion.

General Information

  • A Motion for Summary Judgment can be filed by a party to a legal case or adversary proceeding who believes that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law.
  • If the opposing party objects to the Motion for Summary Judgment, they have 28 days from the date of service of the Motion for Summary Judgment to file a response brief supporting their opposition. This must be filed using the Brief event, not the Response event.
  • If such a supporting brief is filed, the filer of the Motion for Summary Judgment then has 14 days to file a reply brief.
  • If the reply brief relies upon evidence not previously cited or objects to the admissibility of the non-moving party’s evidence, the non-moving party may file a surreply brief limited to such new evidence and objections, no later than 7 days after service of the reply brief.

Filing Requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • A supporting brief must accompany the Motion. The brief must include a section labeled Statement of Material Facts Not in Dispute containing (1) the facts potentially determinative of the motion, and (2) the facts as to which the moving party contends there is no genuine issue.
  • If seeking a summary judgment against an unrepresented party, a notice must be filed that complies with S. D. Ind. B-7056-1(g). This notice may be included with the motion or filed separately using the Summary Judgment Notice to Pro Se Party event. A Certificate of Service must accompany the Notice to Pro Se Party.
  • A proposed judgment must be uploaded. If the judgment relates to a request to avoid a wholly unsecured mortgage or lien, it must state both the common address and legal description of the affected property.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Summary Judgment, Motion for from the event list 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. The deadline for the opposing party to file their brief is calculated and displayed. Click Next.

11. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

12. Select prefix text, if applicable, and click Next.

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

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed judgment.

Motion to Extend Time to File Adversary Documents

Official Procedure Last Change December 1, 2019

Motion to Extend Time to File Adversary Documents

How to file:

Location of event: Adversary > Motions & Briefs > Extend Time to File Adversary Documents, Motion to

Things to be aware of when filingA Notice of Extension of Time, which does not require an order from the Court, may be filed instead of a Motion under certain circumstances. If this is to be done, the title on the PDF must read Notice and not Motion.

 

 

General Information

  • This Motion can be used to request an extension of time to file an answer, pretrial statement or other adversary document.
  • A Notice of Extension of Time, which does not require an order from the Court, may be filed instead of a Motion if all of the following are true:
    • This is the first request for an extension of time;
    • the extension sought does not exceed 28 days; and
    • the opposing party's consent has been obtained, or they were unable to be contacted.

If filing a Notice of Extension of Time, the PDF must be titled as such (not as a Motion), and should be filed using the Notice of Extension of Time to File menu option.

Filing requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service showing service of the Motion on all parties to the adversary proceeding must be included.
  • A Statement of Corporate Ownership must be filed if the filing party is not an individual or a governmental unit, unless the filing party is the debtor.
  • It is not necessary to upload a proposed order - the Court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Extend Time to File Adversary Documents, Motion to from the event list 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Check all relevant boxes to indicate for which documents you are requesting an extension of time and click Next. If you checked the Other check box, type in the name of the other document(s) for which an extension is sought and click Next. (It is best to begin the name of each document you enter in this text box with an upper case letter, e.g. Briefs instead of briefs.)

11. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

12. Select prefix text, if applicable, and click Next.

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

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion to Set Aside Clerk's Entry of Default

Official Procedure Last Change August 4, 2014

Motion to Set Aside Clerk's Entry of Default

How to file:

Location of event: Adversary > Motions & Briefs > Set Aside Clerk's Entry of Default, Motion to

Things to be aware of when filing: This event may be used to move that the court set aside a Clerk's Entry of Default. The Motion for Relief from Judgment/Order event should be used if seeking relief from a judgment.

 

 

General Information

This event may be used to move that the court set aside a Clerk's Entry of Default. The Motion for Relief from Judgment/Order event should be used if seeking relief from a judgment.

Filing Requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Set Aside Clerk's Entry of Default, Motion to from the event list 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Select the Clerk's Entry of Default to which your filing relates and click Next.

11. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

12. Select prefix text, if applicable, and click Next.

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

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Notice of Extension of Time to File Adversary Documents

Official Procedure Last Change December 1, 2019

Notice of Extension of Time to File Adversary Documents

How to file:

Location of event: Adversary > Answers & Defendant's Initial Pleadings > Defendant's Initial Pleadings > Extension of Time to File, Notice of

Things to be aware of when filing: The title on the PDF must read Notice and not Motion.

 

General Information

  • This Notice can be used to request an extension of time to file a responsive pleading or a response to a written request for discovery or request for admission, or response to a motion.
  • A Notice of Extension of Time, which does not require an order from the Court, may only be filed instead of a Motion if all of the following are true:
    • This is the first request for an extension of time
    • The extension sought does not exceed 28 days
    • The opposing party's consent has been obtained, or they were unable to be contacted

If these conditions are not met, the request for extension must be filed as a Motion for Extension of Time.

  • If filing a Notice of Extension of Time, the PDF must be titled as such (not as a Motion). Likewise, if filing as a Motion for Extension of Time, the PDF must be titled as a Motion, not a Notice.

Filing Requirements

  • The Notice must be signed by the filing party.
  • The Notice must contain a declaration that opposing party's consent has been obtained, or they were unable to be contacted.
  • A Statement of Corporate Ownership must be filed if the filing party is not an individual or a governmental unit, unless the filing party is the debtor.
  • It is not necessary to upload a proposed order - no order is required for a Notice of Extension of Time.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Answers & Defendant's Initial Pleadings > Defendant's Initial Pleadings.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Extension of Time to File, Notice of from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. 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.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

8. A warning notice is displayed. Click Next

9. Browse to attach the document to be filed (pdf file). Click Next.

10. All event categories are displayed. Leave them all selected and click Next.

11. Check box next to document to which your extension of time relates and click Next.

12. Select appropriate radio button to indicate for which document you are requesting an extension of time. Only select the Answer by agency of the United States option if the filing party is such an agency (e.g. the US Trustee, IRS etc). Click Next.

13. If you indicated that you are requesting an extension of time to file an answer, the extended date is calculated and displayed. If the displayed date does not match the date contained in the Notice of Extension, change the date to match. Click Next.

If you indicated that you are requesting some other extension, type the name of the document for which extension is being sought and enter the extended date (as shown in the Notice of Extension) in the date field, then click Next.

14. Select prefix text, if applicable, and click Next.

15. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Notice of Removal

Official Procedure Last Change December 1, 2019

Notice of Removal

S. D. Ind. B-9027-1

Note: See separate procedure for filing a Notice of Removal that relates to a bankruptcy case pending outside the Southern District of Indiana (this requires the filing of a miscellaneous proceeding.)

Filing Requirements

A new Notice of Removal filed with the Southern District of Indiana must include the following:

Exceptions to the fee requirement:

  • No fee is required if the Notice of Removal is filed by a Chapter 7 or 13 Debtor, the US Trustee, or a US Government Agency.
  • Chapter 11 and 12 debtors can have the fee deferred if they file an Affidavit stating that no liquid funds are currently available from the bankruptcy estate to pay the fee, and send an e-mail to nofee@insb.uscourts.gov. Upon completion of the event, select Continue Filing from the credit card pop-up screen. Do not pay your outstanding fees. The court will review the filing and notify you by return e-mail if the fee has been removed or if the fee must be paid.
  • If filed by the Trustee, the filing fee is required but may be deferred.
  • Child Support Creditors are exempt from the filing fee. In order to obtain the exemption, Official Form B 2810 must be filed and an e-mail sent to nofee@insb.uscourts.gov. Upon completion of the event, select Continue Filing from the credit card pop-up screen. Do not pay your outstanding fees. The court will review the filing and notify you by return e-mail if the fee has been removed or if the fee must be paid.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > File New Adversary Complaint.

3. Change Filing type from Complaint to either Notice of Removal, representing defendants or Notice of Removal, representing plaintiffs (determined by who is the plaintiff/defendant in the state court action). Click Next.

4. Enter Bankruptcy Lead Case Number (in the format xx-xxxxx).

5. Leave Association type set to Adversary, click Next.

6. The division to which the adversary will be assigned is displayed. Click Next then Next.

7. Select filing party. Click Next.

Note: The parties are the same as they were in the original court action, regardless of who is initiating the Notice of Removal.  

8. Enter Social Security Number or Tax ID of plaintiff, if known, or enter last/ business name and click Search.

9. If the plaintiff is shown in the Party search results box and is exactly correct (including the address), click to select that party and click Select name from list. Otherwise, click Create new party    See full instructions on how to create a new party

10. Select the role that the plaintiff has in the bankruptcy case from the drop down list and click Submit.

11. Repeat steps 7 - 9 as necessary for further plaintiffs. When all plaintiffs have been entered, click End Plaintiff Selection.

12. Enter Social Security Number or Tax ID of defendant, if known, or enter last/business name and click Search.

13. If the defendant is shown in the Party search results box and is exactly correct (including the address), click to select that party and click Select name from list. Otherwise, click Create new party    See full instructions on how to create a new party

14. Select the role that the defendant has in the bankruptcy case from the drop down list and click Submit.

15. Repeat steps 12 - 14 as necessary for further defendants. When all defendants have been entered, click End Defendant Selection.

16. Select appropriate Party Code (i.e. US is a Plaintiff, US is a Defendant, or US not a Party).

17. Select appropriate option regarding Rule 23 Class Action (i.e. yes or no).

18. Select appropriate Jury Demand (i.e. None, Both, Defendant, or Plaintiff).

19. Enter Demand amount (stated in $000, to the nearest thousand. Example: Enter 6 for a demand of $6010.00). Note: Do not enter any demand amount if you are only seeking to determine dischargeability of an existing debt.

20. Select appropriate option regarding State Law (i.e. If case involve a substantive issue of State Law).

21. Select the Primary Nature of Suit from the drop-down list (repeat for Second through Fifth nature of suit if applicable). Click Next.

22. Select event Notice of Removal from drop-down list. Click Next.

23. Browse to attach the Notice of Removal (pdf file). Click Next.

24. Select the party filing complaint, click Next.

25. CM/ECF displays the fee due, if any. Click Next.

Note: If the fee information is incorrect, click the Internet Explorer Back button and verify party.

26. Click Next.

27. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Request for Alias Summons

Official Procedure Last Change October 7, 2015

Request for Alias Summons

How to file:

Location of event: Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings > Request for Alias Summons

Things to be aware of when filing: No PDF is required in order to docket this event.

  • FRBP 7004

General Information

  • If a summons has already been issued by the Clerk of the Court but another summons is needed, perhaps because there was an error in the original one, it was served on the wrong party or to the wrong address or not served within the required time frame, the plaintiff may file a Request for Alias Summons to request that the Clerk issue a new summons.
  • No PDF document is required - the event generates a docket-only entry.

Filing requirements

None - no PDF is required.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Request for Alias Summons from the event list and click Next.

5. Select the summons to which the request relates and click Next.

6. Check box if jointly filing with another attorney. Click Next. If jointly filing, select additional attorneys. Click Next.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

8. Final docket text is displayed. Click Next.

9. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Response and reply briefs for summary judgments

Official Procedure Last Change May 1, 2017

Response and reply briefs for summary judgments

How to file:

Location of event: Adversary > Motions & Briefs > Brief (including Response Brief, Reply Brief, Surreply Brief, etc.)

Things to be aware of when filing: See S. D. Ind. B-7056-1 for details regarding specific filing requirements.

 

 

General Information

  • If the opposing party objects to a Motion for Summary Judgment, they have 28 days from the date of service of the Motion for Summary Judgment to file a response brief supporting their opposition.
  • If such a response brief is filed, the filer of the Motion for Summary Judgment then has 14 days from the service date of the response brief to file a reply brief.
  • If the reply brief relies upon evidence not previously cited or objects to the admissibility of the non-moving party’s evidence, the non-moving party may file a surreply brief limited to such new evidence and objections, no later than 7 days after service of the reply brief.

Filing requirements

  • The document must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • Other filing requirements apply - see S. D. Ind. B-7056-1 for full details.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Brief (including Response Brief, Reply Brief, Surreply Brief, etc.) from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. 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.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Select the Response brief, Reply brief or Surreply brief radio button, as appropriate, and click Next.

10. Click Next at the category selections screen.

11. The docket is displayed. Select the Motion for Summary Judgment to which your brief relates and click Next.

12. If you indicated that you are filing a response brief, you are asked whether you are opposing the Motion for Summary Judgment. Select Yes if you were not the
filer of the Motion, and click Next.

13. If you indicated in step 12 that you are filing a response opposing the Motion for Summary Judgment, enter the date of service of the brief, as shown on the PDF. Note that this may be different from today's date. Click Next. The Reply Brief Due date is calculated and displayed. Click Next.

14. Select prefix text, if applicable, and click Next.

15. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Service of Adversary Summons

Official Procedure Last Change April 23, 2019

Service of Adversary Summons (Summons Certificate of Service)

How to file:

Location of event: Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings > Summons Certificate of Service

 

General Information

  • The plaintiff in an adversary case is responsible for serving a copy of the summons, complaint and pre trial order, if any, on all defendants.
  • A Certificate of Service must be filed with the Court within 10 days of the issuance of the summons by the Court.

Filing requirements

  • The Certificate must be signed by the filing party.
  • It is recommended that either the Certificate of Service form attached to the Summons be used, or the fillable version available on the Court's website.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Summons Certificate of Service from the event list and click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

6. Browse to attach the document to be filed (pdf file). Click Next.

7. All Summonses currently on the docket are displayed. If not already selected, check box next to the summons to which your Certificate of Service relates and click Next.

8. Enter the name(s) of the party or parties who were served and click Next.

9. Final docket text is displayed. Click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Summary Judgment Notice to Pro Se Party

Official Procedure Last Change April 28, 2014

Summary Judgment Notice to Pro Se Party

How to file:

Location of event: Adversary > Miscellaneous > Summary Judgment Notice to Pro Se Party (S.D.Ind. B-7056-1)

General Information

A movant seeking a summary judgment against an unrepresented party is required to file a notice that complies with S.D.Ind. B-7056-1(g). This notice may be included with the motion or filed separately using the instructions below.

Filing requirements

  • The Notice must be signed by the filing party.
  • A Certificate of Service must be included.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Miscellaneous.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Summary Judgment Notice to Pro Se Party (S.D.Ind. B-7056-1) from the event list and click Next.

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

6. 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.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. All motions for summary judgment currently on the docket are displayed. If not already selected, check box next to the motion to which your notice relates and click Next.

10. Final docket text is displayed. Click Next.

11. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Third party, cross and counter complaints

Official Procedure Last Change February 5, 2018

Third party, cross and counter complaints

How to file:

Location of event: Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings > Counterclaim OR Cross-Claim OR Third-Party Complaint

Things to be aware of when filing: These are typically filed as part of the Answer to the original complaint. Court approval may be needed to file a stand-alone cross, third party or counter claim.

  • FRBP 7007, 7012(a)

General Information

A cross claim is a claim asserted by one defendant against another defendant. A third party complaint is a complaint filed by a defendant against a third (new) party. A counter claim is a claim by the defendant against the plaintiff.

These are typically filed as part of the Answer to the original complaint. Court approval is generally needed to file a stand-alone cross, third party or counter claim if more than 14 days have passed since the filing of the Answer.

Filing requirements

The document must be signed by the filing party.

Step-by-Step Instructions

See separate instructions on including a cross, third party or counter claim with the filing of an answer.

To file a stand-alone cross, third party or counter claim:

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Counterclaim, Cross-Claim or Third-Party Complaint from the event list and click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

6. Browse to attach the document to be filed (pdf file). Click Next.

7. Select that party or parties against whom the counterclaim, cross-claim or third-party complaint is against (you may need to add a new party for a third-party complaint), and click Next.

8. Enter date of service of the counterclaim/cross claim and click Next. (This step is skipped for third-party complaints)

9. Answer/reply date is calculated and displayed. Click Next. (This step is skipped for third-party complaints)

10. Final docket text is displayed. Click Next.

11. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Witness List

Official Procedure Last Change August 17, 2020

Witness List

How to file:

Location of event: Adversary > Miscellaneous > Witness List

 

General Information

This event may be used by any party in connection with a pending hearing, trial or other matter to be heard by the court. 

Filing requirements

  • The List must be signed by the filing party.
  • A Certificate of Service must be included.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Miscellaneous.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Witness List from the event list and click Next.

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

6. 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.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. At the category selection screen, click Next.

10. Select the document to which the Witness List relates and click Next.

11. Final docket text is displayed. Click Next.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.