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Adversary

Open AP Case

  • When opening a new AP case, you will need to click the “Attorney” button on the Party Information Screen in order to add yourself as the attorney for the plaintiff. You will need to follow this procedure for all plaintiffs in the case.
  • On the party information screen, insert the name and address of the plaintiff or defendant and change role type accordingly.
  • Add all plaintiffs first, then add all defendants.
  • ECF automatically assigns the judge for AP’s based on the main bankruptcy case. Clerk’s office staff will perform QC to determine conflicts, etc. and make changes to the judge assignment, if necessary. Remember to add the lead bankruptcy case number on the appropriate screen when opening a new AP.

 

Summons

  •   Summons are to be uploaded into CM/ECF via the Order Upload feature found under Adversary Events, Upload Sua Sponte. See Rule 5005-4(4) of the Administrative Guide for instructions.
  • If service of the summons is accomplished, use Summons Service Executed under Miscellaneous. Do not use Certificate of Service event under Miscellaneous.
  • If service of the summons is not accomplished for any reason, a text entry should be made by using Summons Service Unexecuted under Miscellaneous. No document will be attached to this entry.

 

Answers

  • Do NOT add/create new attorneys when filing pleadings. If an attorney is known, you may search by his/her name. If no match is found, do not add/create a new attorney. Proceed to the next step.
  • There are two different docket events for Affidavit for Entry of Default and Motion for Entry of Default. Depending upon your preference, you may use either. The affidavit event can be found under the Miscellaneous category. The motion event can be found under the Motions category.