Motion to Substitute Party

Official Procedure - Last Updated: July 16, 2019ClosedAuthor: Demetrius Ross

References

CM/ECF Menu

Bankruptcy / Adversary >Motions / Applications
Event

Substitute a Party
Rules / Code / Resources Fed.R.Bankr.P.7025 and 9014

07/16/2019 - Created

 

A Motion for Substitution may be made by any party or by the descendant's successor or representative. It permits an individual or entity to substitute as a party in an adversary proceeding or a contested matter, if certain circumstances exist.

 

Step-by-Step Procedure:

  1. Access [Bankruptcy / Adversary > Motions/ Applications]

  2. Entercase number and click Next

  3. The case verification screen will display. Verify you are docketing on correct case. If not Closedclick the back button to go back to the case number field and re-enter the case number / if yes
  4. Select Substitute Party from pick list
  5. Click, Next

  6. Select Party from party pick list or Add/create new party, and Click Next

    The Attorney/Party Association screen may display.  If it does, click here.

  7. Browse, View, and Attach pdf
  8. Click, Next
  9. Enter Name of New Party in Substitute
  10. Enter Name of Current Party in For
  11. Click, Next
  12. Insert hearing date, time and select hearing location.
  13. Click, Next
  14. A blank screen will appear, click Next
  15. The Docketing Editing Screen will display. Select the appropriate prefix from the drop down menu if applicable, and click Next
  16. The Final Text Editing screen will display. This is your final opportunity to modify the entry before submitting the filing.

Example:

01/13/2015 77 Notice of Motion and Motion to Substitute Thomas B. Sullivan, not individually but solely in his capacity as trustee for the bankruptcy estate of Manuel and Johanna Buncio for Manuel Buncio Filed by Ariane Holtschlag on behalf of Thomas B. Sullivan, not individually but soley in his capacity as trustee for the bankruptcy estate of Manuel and Johanna Buncio. Hearing scheduled for 1/16/2015 at 10:30 AM at Joliet City Hall, 150 West Jefferson Street, 2nd Floor, Joliet IL, 60432. (Attachments: # 1 Proposed Order) (Holtschlag, Ariane) (Entered: 01/13/2015)
  1. Verify the accuracy of docket text. If not correctClosedclick bankruptcy to start over If correct
  2. Click, Next to save entry

 

The Notice of Electronic Filling will display. It serves as verification that the filing has been sent electronically to the court.

 

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case. You have a period of 15 days for a one time free look at the documents.