Filing an Adversary Complaint

Printer-friendly version

November 2011

Follow this step by step guide to open an Adversary Proceeding

  1. ITEMS REQUIRED:
    1. Complaint
    2. Filing fee $293.00: Refer to Bankruptcy Court Miscellaneous Fee Schedule for exceptions to the filing fee. 28 U.S.C. § 1930
  2. DOCKETING:

Log into CM/ECF Note: Trustee should login using their attorney login.

  1. Select Adversary > Open an AP Case
    • Verify that Complaint “y” is selected.
  2. Enter Lead Case Number.
    • Verify that Association type “Adversary” is selected.
  3.  Enter the Plaintiffs
    1. Search for a plaintiff:
      • Enter last/business name to search for plaintiff name in the database.
      • Party search results:
        • If plaintiff name appears with the desired address, select the name.
        • If plaintiff name does not appear, click on “Create new party."
    2. Plaintiff Information screen:

      This screen appears for selected name or when creating new party.

      Review plaintiff information once more before submission.

      • Address of plaintiff: If you have the address, add it.
      • Select the appropriate “Role in Bankruptcy Case” from the drop down menu.
    3. Repeat step 3 for each plaintiff.
    4. After entering last plaintiff, click End Plaintiff Selection.
  4. Enter the Defendants
    1.  Search for a Defendant screen:
      • Enter last/business name to search for defendant name in database.
      • Party search results:
        • If defendant name appears with desired address, select the name.
        • If defendant name does not appear, click on “Create new party."
    2. Defendant Information screen:

      This screen appears for selected name or when creating new party.

      • Address of defendant: If you have the address, add it.
      • Select the appropriate “Role in Bankruptcy Case” from the drop down menu.

        Review defendant information once more before submission.

    3. Repeat step 3 for each defendant.
    4. After entering last defendant, click End Defendant Selection.
  5. Case Information Screen:

    Select values from the drop down boxes as appropriate to the complaint you are filing.

    • Party Code.
    • Primary nature of suit, you may select up to four more natures of suit as necessary.
    • Enter demand to the nearest thousand (e.g. enter 5 for $5,000).
      Note: DO NOT add additional zeros. The system automatically sets decimal to thousands (e.g. enter 5 for $5,000)
  6. Browse to Select the Complaint (pdf file).
  7. Select a Radio button
    • Yes a fee is required or deferred
    • No: a fee is not required.
  8. Review the Fee Amount for accuracy
  9. If the fee is deferred select the radio button Fee Deferred.
  10. Verify that the filing entry is correct before submitting the final docket text.
  11. Attorney filers may want to save the Notice of Electronic Filing.

III. FINALIZE

  1. Pay for any Adversaries filed before the close of business day. The payment screen can be accessed by clicking on Utilities/Internet Payments Due.
  2. If you have questions call or email the CM/ECF help desk cmecf@oknb.uscourts.gov 918‐699‐4072.