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 filing: The 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.

FRBP 9021 S. D. Ind. B-9019-1 Clerk's notice dated January 23, 2013 Clerk's notice dated July 2014

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.