Effective Date: December 1, 2015 Supersedes: March 2, 2009, April 1, July 15, 2010
Note: The fill-in form for the Adversary Cover Sheet (1040) can be found on US Courts website: http://www.uscourts.gov/forms/bankruptcy-forms. Use the information from the cover sheet and the complaint to enter information into the form.
The adversary proceeding cover sheet (1040) and the complaint may be filed as one PDF document. For instructions on completing Fill-in-the-blank PDF forms, click here. Click here for instructions on combining PDF files.
If you file the Adversary Proceeding Cover Sheet as a separate docket event, docket using the docket event Support Document.
1. Select Adversary menu.
2. Select Open a New Adversary Case (Includes original complaint and adversary proceeding cover sheet).
3. Open Adversary Case
Select office. Click here for map with counties for adversary assignments.
Select Case type “ap”.
Select Complaint “y”.
4. *Search for a Plaintiff Screen
Enter social security number, tax identification number, last, first and middle name or business name to search for plaintiff name in the CM/ECF database.
Party Search results
5. *Search for Defendant Screen
Enter social security number, tax identification number, last, first and middle name or business name to search for defendant name in the CM/ECF database.
Party Search results
6. *Statistical Screen
Select appropriate Party code.
Select “yes” if filing refers to a class action.
Select “plaintiff” if filing requests a jury demand.
Enter amount for demand (i.e., 5 = 5000).
State Law - Select n, y or u.
Select Primary Nature of Suit.
If the Nature of Suite includes 41 (Objection/revocation of discharge – 727(c), (d), (e)), it must appear in the primary nature of suit field.
Select Second through Fifth natures of suit, if applicable.
7. Enter related bankruptcy case.
Note: Do not add judge initials or chapter type to case number. Use this format: 06-xxxxxx.
Warning: related case not entered. You must enter a lead case number at the previous screen. Do not add judge initials or chapter type to case number. Use this format 00-00000.
Entry of related case number is required.
8. Closed Case Warning appears if the related bankruptcy case is closed.
Discontinue filing.
Reopen bankruptcy case to continue. Click here for Motion to Reopen Case Ch 7, Motion to Reopen Case Ch 13, Motion to Reopen Case Ch 11, or Motion to Reopen Case Ch 12.
9. Verify Divisional assignment.
10. Browse, verify and attach the 1040 and complaint (PDF file).
Warning: Complaint and Adversary Proceeding Cover Sheet should be filed together as one pdf, or use the Attachments to Documents feature to attach the cover sheet.
Attach supportive documents, if applicable.
11. Enter payment information.
Attorney Filer: Do not enter any characters in the receipt number field.
Attorney Filer for Certain Debtors initiating adversary proceeding: Enter Exempt in the Receipt # box.
Trustee Filer: Enter Deferred in the Receipt # box.
USA Filer: Enter Exempt in the Receipt # box.
12. Verify final docket text before submitting onto case docket.
13. Pay filing fees. To see credit card screens, click here.
Attorney Filer: Select Pay Now or Continue Filing.
Trustee Filer: Does not appear.
USA Filer: Does not appear.
14. Review the Notice of Electronic Filing. It is your receipt.
Make note of the assigned case number.
The court issues the Summons electronically via CM/ECF.
With Adversary opening:
Case Number assigned.
Judge assigned.
Complaint event docketed.
Credit Card charged for filing fee (attorney filer).
Receipt information from treasury dockets (attorney filer).