Official Procedure Last Change December 17, 2018
Motion to Substitute Party Pursuant to FRBP 7025 and 9014
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Substitute Party Pursuant to FRBP 7025 or 9014, Motion to
A Motion for Substitution may be made by any party or by the descendant’s successor or representative. It permits a party to substitute into an adversary proceeding or contested matter as a party if any of the following circumstances exist in a case:
- If a party dies and the claim is not extinguished.
- After a party’s death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties.
- Transfer of Interest
- Public Officers: Death or Separation from Office
- The Motion must be signed by the filing party or their attorney.
- The Motion must state the name of the substituting party along with their address.
- A Certificate of Service must be included, showing service of the Motion on all parties to the contested matter, if filed on a legal case or, if filed in an adversary case, all parties in that adversary case.
- Filing party is not required to file an Objection Notice. The Court will prepare and issue one if deemed necessary.
- A proposed order must be uploaded.
1. Log into CM/ECF.
2. Select Bankruptcy > Motions, Applications & Briefs.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Substitute Party Pursuant to FRBP 7025 or 9014, Motion to from the event list and click Next.
5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.
6. Check box if jointly filing with another attorney. Click Next.
7. 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.
8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party - select Interested Party as the filer type. 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.
10. Select the correct party to be replaced from the drop down list and click Next.
11. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.
12. Select prefix text, if applicable, and click Next.
Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.
13. 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.