Filing an Adversary Complaint
Last Updated: November 26, 2024

An Adversary is a lawsuit arising in or related to a bankruptcy case. It is commenced by filing a complaint with the court.

Note: An individual debtor may need to obtain the prompt return, from a third party, of tangible personal property - such as an automobile or tools of the trade - in order to produce income to fund a plan or to regain the use of property that may be exempted. 

• Effective 12/1/2024 a debtor can now proceed by motion to require turnover of such property under § 542(a), instead of filing an adversary. see Motion for Turnover

Filing Requirements

To File Electronically:

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

2. Select [Adversary > Open an AP Case]

   • Do not enter a case number.

   • Case type “ap”

   • Date filed (today’s date)

   • Complaint “y”

   • Select Origin (defaults to 1 Original Proceeding)

3. Enter Lead Case Number.

   • Association Type is Adversary.

4. Case assignment as to office and Judge will display.

5. Search for a plaintiff screen: Enter last/business name (upper and lower case) to search for plaintiff's name in database.

6. Party search results:

   • If plaintiff's name appears, select the name.
     
     Important Note for Trustees:  Select your "Party" record, not your "Trustee" record. On the next screen, type "Trustee" in Party text field.

   • If plaintiff's name does not appear, click on “Create new party."

7. Party Information screen:
   This screen appears for selected name or creating new party.

   • Address of plaintiff is not necessary unless plaintiff is pro se.  If you have the address, add it.

   • If Trustee is the plaintiff, type "Trustee" in Party text field.

   • Select Role in Bankruptcy Case.

   • Select the “Add additional attorney” button ONLY if adding an additional attorney. SEARCH by last name of additional attorney representing plaintiff.

   • Review plaintiff's information once more before submitting.

8. Repeat steps for each plaintiff. After entering last plaintiff, click End plaintiff selection.

9. Search for a defendant screen. Follow same instructions for Search for a plaintiff. After entering last defendant, click End defendant selection.

10. Case Information Screen: The following information is found on the Adversary Cover Sheet.

    • Select Party Code.

    • Rule 23 (class action) - default  “n”

    • Jury demand (default none).

    • 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)

    • State Law - default "n"

    • Select the primary nature of suit, then select up to four more natures of suit.

11. Browse to Select the Complaint (pdf file).

12. To pay via credit card, leave the receipt field blank and select NEXT to continue filing.  If filing fee is exempt or deferred under 28 U.S.C. § 1930, type EXEMPT or DEFERRED in receipt field and select NEXT to continue filing.

13. Verify the final docket text; if correct, click [Next] to submit your document(s).
    
    Note: The Notice of Electronic Filing displays giving you the document number as well as the Adversary Proceeding Case Number. The complaint event spreads to the lead bankruptcy case with a docket entry.

14. Summons and Preliminary Pretrial Order

    • In adversary proceedings assigned to Judge Furay, the court will issue the Summons and Preliminary Pretrial Order.

    • In adversary proceedings assigned to Judge Blise, the court will issue ONLY the Summons. 

15. Service of the Summons, Complaint, and Preliminary Pretrial Order

    • In adversary proceedings assigned to Judge Furay, the Summons, Complaint, and Preliminary Pretrial Order must be served within 7 days from the date the Summons was issued. See FRCP 4(e).

    • In adversary proceedings assigned to Judge Blise, the Summons and Complaint must be served within 7 days from the date the Summons was issued. See FRCP 4(e).

    • Proof of Service must be filed with the court in accordance with FRBP 7005. See also Rule 5 F.R.Civ.P.