Adversary Complaint (filing)

Last Updated: January 2019

1. 1. • If the debtor(s) is a party to the adversary case, for the complaint caption - use debtor(s) same name exactly as it appears in the bankruptcy case.

Filing Requirements

• Complaint

• Non-Electronic Filers:  Adversary Proceeding Cover Sheet
  Note:  Cover Sheet is not required if case is filed electronically

• Corporate Ownership Statement if applicable

• Filing Fee  [Note:  Refer to Bankruptcy Court Miscellaneous Fee Schedule for exceptions to filing fee. 28 U.S.C. Section 1930].

• The Clerk's Office will issue the Summons after case has been reviewed.

• See Service of Summons and Complaint.

• See also Adversary Filing Requirements

1. Log into CM/ECF.

2. Select [Adversary].

3. Select [Open AP Case].

   • Office defaults to "Fargo"

   • Case type defaults to "ap"

   • Date filed (today's date)

   • Complaint defaults to "y"
     
     (Note:  Complaint must always be attached)

7. Click [Next]

8. Search for a Party (Plaintiff(s) or Defendant(s) as indicated on screen):
   
   Important Note for Trustees:  If Trustee is the Plaintiff, search for Trustee's name and select name from "Party Search Result." Do NOT "create new party".  

   • Enter last name/business name to search for plaintiff name in database.

   • Party search results:

   • • Do NOT create new party if debtor is plaintiff or defendant, select debtor(s) name from party list (name should appear the same on the Complaint).  

     • If plaintiff is someone other than debtor, and plaintiff(s) name does not appear exactly as captioned on Complaint, click on "Create new party."

     • If plaintiff/defendant name appears exactly as captioned on Complaint, select the name.

     • A plaintiff's address is not required unless pro se; however, each defendant's address must be listed.

7. • Select Role in main Bankruptcy Case.

Note:  An attorney for plaintiff must always be added when filing an Adversary Proceeding. When entering defendant(s), do NOT enter attorney for defendant(s) at this time.  Defendants are always pro se until an attorney files an appearance.

9. Select the "Attorney" button and search by last name of attorney representing plaintiff.  Caution: Do NOT create a new attorney record. As an ECF user, your attorney record is available via search. Creating a new record will prevent electronic notifications in the case.  

10. Repeat steps 8 and 9 for each plaintiff and each defendant. After entering last plaintiff, click [End Plaintiff Selection]. After entering last defendant, click [End Defendant Selection].

11. Case Information Screen:

1. • Select Party Code.

   • Select the "Primary nature of suit."  You may select up to four more natures of suit if indicated in the Complaint.

   • Rule 23 (class action) - default  "n"

   • Jury demand - default "none".

   • Enter demand to the nearest thousand (e.g., enter 5 for $5,000).
     
     Note: Do NOT add additional zeros to demand amount. The system automatically sets decimal to thousands (e.g., enter 5 for $5,000)

   • State Law - default "n."

12. IMPORTANT! You MUST enter Lead Bankruptcy Case Number.
    (Note: This makes an association between the Adversary Case and Bankruptcy Case)

13. Association Type:  "Adversary".

14. Click [Next] and bypass case assignment screen.

15. Browse for PDF of Complaint.
    
    Note: The Complaint and any supporting documents may be a single PDF; or supporting documents may be added as attachments to this document. The Complaint must be the first document in your PDF.

16. To pay via ACH or credit card, leave the receipt field blank and select [Next] to continue filing.  If filing fee is exempt or deferred under 28 U.S.C. Section 1930, type EXEMPT or DEFERRED in receipt field and select [Next] to continue filing.

17. Review and modify docket text if necessary and click [Next]

18. Final review of docket entry.
    
    Note:  At any time prior to clicking "Next" in this field, the adversary proceeding has not been filed and you may start over.  

Note:  The Clerk's Office will issue the Summons after case has been reviewed. When the Summons is issued, a copy of the Summons and Complaint must be mailed to each respective Defendant within 7 days issuance. See Service of Summons and Complaint. If attorney is unable to complete service within 7 days, contact the Clerk's Office. FRBP 7004(e).