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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.