Official Procedure Last Change December 1, 2019
Notice of Removal
|S. D. Ind. B-9027-1|
Note: See separate procedure for filing a Notice of Removal that relates to a bankruptcy case pending outside the Southern District of Indiana (this requires the filing of a miscellaneous proceeding.)
A new Notice of Removal filed with the Southern District of Indiana must include the following:
- Notice of Removal
- A Statement of Corporate Ownership must be filed if the filing party is not an individual or a governmental unit, unless the filing party is the debtor.
- Adversary filing fee
Exceptions to the fee requirement:
- No fee is required if the Notice of Removal is filed by a Chapter 7 or 13 Debtor, the US Trustee, or a US Government Agency.
- Chapter 11 and 12 debtors 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 email@example.com. 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 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 firstname.lastname@example.org. 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.
1. Log into CM/ECF.
2. Select Adversary > Complaint & Summons > File New Adversary Complaint.
3. Change Filing type from Complaint to either Notice of Removal, representing defendants or Notice of Removal, representing plaintiffs (determined by who is the plaintiff/defendant in the state court action). 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 then Next.
7. Select filing party. Click Next.
Note: The parties are the same as they were in the original court action, regardless of who is initiating the Notice of Removal.
8. Enter Social Security Number or Tax ID of plaintiff, if known, or enter last/ business name and click Search.
9. 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
10. Select the role that the plaintiff has in the bankruptcy case from the drop down list and click Submit.
11. Repeat steps 7 - 9 as necessary for further plaintiffs. When all plaintiffs have been entered, click End Plaintiff Selection.
12. Enter Social Security Number or Tax ID of defendant, if known, or enter last/business name and click Search.
13. 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
14. Select the role that the defendant has in the bankruptcy case from the drop down list and click Submit.
15. Repeat steps 12 - 14 as necessary for further defendants. When all defendants have been entered, click End Defendant Selection.
16. Select appropriate Party Code (i.e. US is a Plaintiff, US is a Defendant, or US not a Party).
17. Select appropriate option regarding Rule 23 Class Action (i.e. yes or no).
18. Select appropriate Jury Demand (i.e. None, Both, Defendant, or Plaintiff).
19. 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.
20. Select appropriate option regarding State Law (i.e. If case involve a substantive issue of State Law).
21. Select the Primary Nature of Suit from the drop-down list (repeat for Second through Fifth nature of suit if applicable). Click Next.
22. Select event Notice of Removal from drop-down list. Click Next.
23. Browse to attach the Notice of Removal (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.