Appearance

Official Procedure Last Change December 1, 2017

Appearance

See separate procedure for Substitution of Appearance.

How to file:

Location of event: Bankruptcy > Notices & Certifications > Appearance or Adversary > Miscellaneous > Appearance

Things to be aware of when filing:  A party (other than a trustee) desiring to intervene in a proceeding must file a Motion to Intervene.

General Information

  • An attorney representing a party (other than to file a Proof of Claim or a Reaffirmation Agreement) must file a separate Appearance for each party. Attorneys representing Chapter 7 trustees must also file appearances.
  • Appearances are not required to file the following documents:
  • Filing of a Request for Notice does not in itself satisfy any requirement for an Appearance. Appearance and Request for Notice are not one and the same.
  • The filing of a petition by an attorney on behalf of a debtor constitutes said attorney's appearance for that debtor.
  • Counsel for Plaintiff and Counsel for Defendant in Adversary Proceedings must file appearances.
  • If the plaintiff or defendant in an adversary later acquires another role, such as counter defendant, the docket in ECF will not automatically transfer any attorney for the party to the new role. However, only one appearance is required per party, regardless of any additional roles that the party may acquire.
  • Appearance rule applies to the filing of pleadings, not taking some other action (like covering a hearing).
  • Separate rules apply to attorneys or others representing child support creditors. See separate procedure for further information

Filing requirements

  • Appearances must contain the appearing party's address, telephone number, fax number (if available), and e-mail address (if filing electronically).
  • A Certificate of Service must be included.
  • Joint appearances are not permitted, even by two attorneys from the same law firm. A separate appearance must be filed for each attorney. However, an attorney filing a subsequent pleading does not have to file an appearance if someone else in their firm has already done so.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Filing an appearance on a bankruptcy case: Select Bankruptcy > Notices & Certifications.
    Filing an appearance on an adversary proceeding: Select Adversary > Miscellaneous

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

4. Select Appearance from the event list and click Next.

5. Click Next.

Note:  Joint filing of appearances is not allowed pursuant to guidance sent by Clerk.

6. 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.

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

8. Final docket text is displayed. Click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

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.