Adversary Proceeding Case Opening
The user will be asked to enter the main bankruptcy case number in STEP 7 below. It is helpful to have this information before beginning this filing.
A completed Summons and Notice of Pretrial (including the date of the pre trial conference if available on the judges' web calendars) must be filed as an attachment to the complaint. The clerk will issue a summons containing the Court's seal. The "sealed" summons will be docketed by the court staff and must be downloaded by the attorney to effectuate service. (See D.N.J. LBR 7003-1)
Prior to the pre trial conference, parties in an adversary must submit either a Joint Proposed Scheduling Order or a Pre Trial Memorandum. Use this link to obtain a copy of the Pre Trial Instructions.
STEP 1 Choose Adversary from main menu
STEP 2 Choose AP/MP Case Opening category
STEP 3 Select the office where main case is filed. Case type is "ap"; Complaint is "y"; click [NEXT]
STEP 4 Search for a Plaintiff screen displays.
If Plaintiff is found, click the party name to highlight it; click [SELECT NAME FROM LIST].
If Plaintiff is not found, click [ADD CREATE NEW PLAINTIFF]. The Plaintiff Information screen displays. The Role in Bankruptcy Case is the last field on the screen and the user must select from the drop down menu the party's role in the main bankruptcy case. Click [ATTORNEY] to search for and add the attorney for the plaintiff. Continue this process until all plaintiffs and attorneys are added and then select [END PLAINTIFF SELECTION].
STEP 5 Search for Defendant screen displays.
If Defendant is found, click the party name to highlight it; click [SELECT NAME FROM LIST]. On the Defendant Information screen, select the defendant's role in the main bankruptcy case and click submit. Do not add attorney information.
If Defendant is not found, click [ADD CREATE NEW DEFENDANT]. The party's information displays and changes can be made on this screen. Role in Bankruptcy Case is the last field on the screen and the user must select from the drop down menu the party's role in the main bankruptcy case. Click [SUBMIT]. DO NOT add an attorney for the Defendant. Defendants are considered to be pro se unless an attorney files an answer on their behalf. Continue this process until all defendants are added and then select [END DEFENDANT SELECTION].
STEP 6 Statistical Information screen displays:
Party Code defaults to 3 U.S. is not a Plaintiff
Rule 23 (class action) defaults to n
Jury Demand defaults to none
Demand defaults blank.
State Law defaults to n
The user has the option of selecting a Primary Nature of Suit and four additional Natures of Suit
Note: If the complaint is for a 727 objection and a 523 complaint, user must select 727 as the first nature of suit.
STEP 7 Enter case number of related bankruptcy case in the Lead Case Number field; select Adversary from the Association Type drop down menu; click [NEXT]
STEP 8 Confirm office assigned to lead case; click [NEXT]
STEP 9 DO NOT enter a Receipt Number. Trustees may enter "Est Acct" to defer the payment; attorneys representing debtors do not need to pay the fee;click [NEXT]
STEP 10 Docket text appears; review for accuracy, modify if appropriate; click [NEXT]
TIP - Text of docket entry cannot be modified from this screen. If an error is found, abort the transaction and begin again.
SAMPLE DOCKET TEXT
Complaint by [Plaintiff] against [Defendant]. Nature of Suit: User's selection(s) display (attachments #1 Summons) (test atty)
STEP 11 Notice of Electronic Filing displays. The NEF will contain the case number assigned to the adversary proceeding. A docket entry will appear in the main bankruptcy case indicating a complaint was filed.
STEP 12 Select Pay Now or Continue Filing. DO NOT close this window by clicking on the X in the upper right corner.
1. If you select Pay Now, be sure to print for your records the payment confirmation screen which contains a receipt number for this transaction.
2. If you select Continue Filing, please note that it is the court's policy that all fees be paid by the end of the day. Attorneys with outstanding balances will receive an automated e:mail reminder and will be locked out of CM/ECF if the fee remains outstanding for 3 days.