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.