NOTE: Please use Adversary Case Opening instructions to file a Adversary complaint.
Processing Instructions (rev 12/21/2022):
- Select Adversary menu.
- Open AP case.
- Select office, case type "ap", complaint change to "n", change origin to 2 Removed from Non-BK Court, Do Not Enter a Case Number, click Next.
- Enter lead case number, leave Association Type defaulted to Adversary, click Next.
- Confirm division and judge are correct.
- Search for Plaintiff(s) by name, social security number, or tax identification number.
NOTE: Enter Plaintiff in the lower court case as it remains as the plaintiff in the removed case.
- Select role in Bankruptcy Case.
- Select Counsel for Plaintiff.
- Select party from results list. If not listed, Add/ Create New Party.
- Add additional attorneys.
- To add additional plaintiff's repeat this step, otherwise select End Plaintiff selection
- Search for Defendant(s) by name, social security number, or tax identification number.
- Select party from results list. If not listed, Add/ Create New Party.
- To add additional defendant's, repeat this step, otherwise select End Defendant selection.
- Select role in Bankruptcy Case. NOTE: The attorney for the Defendant will be added when the answer to the Adversary Complaint is filed.
- Select End Defendant Selection.
NOTE: If the defendant's address is out of the country, select Outside US (99999) from the County drop-down menu and enter XX for the state, enter (99999) for the zip code and the Country field is left blank.
- Select appropriate Party code and Primary nature of suit, "01 (Determination of Removed Claim or Cause) Enter additional Nature of Suit(s) if applicable. NOTE: the lead cause of action should be entered first, followed by any additional causes of action.
- Select "yes" if filing is a class action (Rule 23).
- Select "plaintiff" if filer requests a jury demand.
- Enter amount of demand (5=$5000).
- Enter "y" or "n" to Fee Deferred/Fee Not Required prompts.
- Answer question regarding Charge to Estate. Is the complaint being filed by the 1) Trustee 2) Debtor in Possession acting for the benefit of the estate?
- If answer is yes, select docket event Notice of Removal.
- If answer is no, answer question regarding Fee Not Required: Is the complaint being filed by the 1) Debtor, 2) Debtor in Possession acting for the benefit of an individual, 3) United States Government, 4) United States Trustee, or 5) Child Support acing for Creditor?
- Select docket event Notice of Removal
- Browse, verify and attach the document (PDF file).
NOTE: Please disregard the statement found under the instructions on page 2, paragraph of the B104 for ECF users as it does not apply to this District.
Attach additional supportive documents, if applicable.
- Verify fee amount.
- Modify text if applicable.
- Verify final docket text before submitting onto the case docket.
- Pay the applicable filing fees or continue filing.
- Print the Notice of Electronic filing. This is the verification that the document has been electronically filed.