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
Exceptions to the fee requirement:
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.