Filing an Adversary Proceeding

Official Procedure - Last Updated: November 10, 2022Author:

References

CM/ECF Menu	Adversary
Event	Open an AP Case
Rules / Code / Resources	Fed.R.Bankr.P. 7003 11 U.S.C. § Local Rule 7003-1

 

Requirements

Complaint and Coversheet

A complaint and coversheet must be completed when filing an adversary proceeding. The system will create a Summons for each defendant and add the detailed meeting information based on the judge's preference.

Per Local Rule 7003-1, a plaintiff in an adversary proceeding must file an Adversary Proceeding Cover Sheet, with the adversary complaint. Use Local Form Adversary Proceeding Cover Sheet, Form G-16, available on our website, which has been made fillable for your convenience.

Issued Summons

The Summons is electronically issued and entered on the adversary docket. A Summons hyperlink will be available on the Notice of Electronic Filing after the adversary has been filed. Click on the hyperlink to view, print or save the summons via PACER. for issuance on the defendant(s).

 

 

 

Step-by-Step Procedure

1. Select Adversary>Open an AP Case

   The Case Data screen will appear displaying the following fields:

   • Case type - defaults to ap which stands for adversary proceeding
   • Date filed - defaults to the current day
   • Complaint - defaults to Y. Do Not change this field to n unless you are filing a Notice of Removal (Refer to Notice of Removal Procedure)

    

2. Click Next

    

3. Are you lead attorney, defaults to yes. Do Not change. By leaving at the default, the electronic summons will be correct.

   Enter Lead case number (bankruptcy case number)

    

4. Association type defaults to Adversary, Do Not change.

   Click Next

    

5. The Case Assignment screen will display. Case assignment is based on the related bankruptcy.

   Review for Accuracy

   • If the information is incorrect, click the Back button and enter the correct related bankruptcy case number

   • If the information is correct, continue to step 6

      

6. Click Next

    

7. The Search for a Plaintiff screen will display. The Plaintiff is selected/added from this screen.

   Do Not conduct the search with the social security number or tax identification number.

   Enter the Party's Name and click Search

   • For a business, enter the Business name in the last name field

      

8. The Search Results screen will display. All records matching will appear in the Party Search results box.

If applicable, Scroll down until you locate an exact name match

Do Not select the party with the address information. The party selected should only display the name of the party.

If The Party Exists

• Select Party

• A pop-up window will display the name of the party

  Verify that the social security/tax identification number are not included. The party selected should only display the name of the party

 

If Party Does Not Exist

• Click Create new party

 

9. The Party Information screen will display.

   Make a selection from Role in Bankruptcy Case field

 

10. Click Submit

    Note: You will receive warning boxes regarding the blank fields; click OK for each warning box.

 

11. The Search for a plaintiff screen will display again. If additional plaintiffs need to be added, repeat steps 7 - 9.

    Click End plaintiff selection

 

12. The Search for a defendant screen will display.

    Repeat steps 7 - 9 to add defendant(s)

 

13. Click End defendant selection button after all defendants have been added

 

14. The Statistical screen will display. Complete the following fields:

• Party code - Unless the United States (US) is a plaintiff or defendant, accept the default US not a Party
• Rule 23 (class action) - defaults to n for no. If applicable, select y for yes
• Jury demand - defaults to none. If applicable, select Both, Defendant or Plaintiff
• Demand ($000) - If there is a dollar demand, enter the amount in thousands to the nearest thousand (for example, if the dollar amount is 10,000, enter 10. This field is limited to 11 characters)
• State law - defaults to n for no. If applicable select y for yes of u for unknown
• Nature of suit - select nature of suit

Note: You are able to select up to 5 nature of suits.

Note: Code 41 is the ONLY code to check if you are objecting to the discharge. 727(c) states the trustee, a creditor, or the UST may object to a discharge under subsection (a) of this section.

15. Click Next after screen has been completed

 

16. The Filing Fee (Fee Deferred/Fee Not Required) screen will display.

    Answer Question(s) that apply:

• FEE DEFERRED - ONLY APPLIES TO Chapter 7 or 13 TRUSTEE. If fee deferred, Trustee must file Deferral of Adversary Filing Fee. Is the fee deferred for a complaint filed by the Trustee? Enter y for yes or no for no.

• FEE NOT REQUIRED - Is the complaint filed by the Debtor, Debtor in Possession acting for the benefit of an Individual Debtor, United States Government, United States Trustee or Child Support Creditor? Enter 'y' for yes or 'n' for no

   

17. Click Next

 

18. Attach the PDF of the Complaint and Adversary Proceeding Cover Sheet.

    • Click Browse and select the Complaint PDF

    • View File to confirm the correct PDF is selected

    • Click Open, the file name will display in the browse window

    • Select Yes radio button to attach Adversary Proceeding Cover Sheet and click Next

    Complete steps 1 - 3

    1. Click Browse and select Adversary Proceeding Cover Sheet and click Next

    View File to confirm the correct PDF is selected

    Click Open, the file name will display in the browse window

    2. From Category select Adversary Cover Sheet
    3. Click Add to List

    Click Next

 

19. A screen displaying the fee amount will display or a blank screen will display.

    Click Next

     

20. The Status Hearing screen will display.

    Enter status hearing date/time/location and click Next

    NOTE: NOTE: Remember to select Appear in Courtroom XXX, 219 S. Dearborn St, Chicago, IL 60604, or Using Zoom – Judge X

     

21. A blank screen will display, click Next until the Final Text screen displays.

 

22. The Final Text screen will display. This is your final opportunity to modify the entry before submitting the filing.

    Verify the accuracy of the docket text. If not correct click Adversary to start over/If correct

 

23. Click Next to submit filing

 

 

Pay Screen

The Payment screen will display if you answered n for no to the fee questions or if you left the fields blank. Select one of the two options:

• Pay Now
• Continue Filing

 

Notice of Electronic Filing

Notice of Electronic Filing will display. Two (2) Notices of Electronic Filing will display. You must scroll down to view each notice.

 

The first notice will display the adversary number assigned to your case and it will also display the case number of the related bankruptcy case.

 

• When an adversary case is filed, an entry is auto docketed on the related bankruptcy case docket. The entry includes the adversary case number, nature of suit and status hearing information.

 

The second notice contains a link to the electronically issued summons.

 

You may click on the link to view, print or save the summons via Pacer.

 

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 document filed.

 

Summons Service Executed

Reminder - After you have served the summons, File the Summons Service Executed, which should contain a copy of the summons and the certificate of service.