Notice of Removal

  1. Click Adversary Menu
  2. Click Open AP Case
  3. The Open Adversary Case screen displays:
    • Case type defaults to ap.
    • Date filed is set to current date.
    • Complaint defaults to "y". Change it to "n".
    • Counsel for: Select plaintiff or defendant.
  4. The Lead case number screen displays.
    • Enter the related bankruptcy case number in YY-NNNNN format.
    • Warning:a lead case number should always be entered. Do not leave this field blank. If the lead case number is not entered in the database as a valid case number or in the database at all, you can continue with the open AP case. The system will display a "Warning:related case not entered" message and will require you to enter the divisional office. A judge will not be assigned - STOP and call the ECF help desk for assistance.
    • Association type defaults to Adversary. DO NOT change the default selection.
  5. The divisional office screen displays with the judge assigned, and lead bankruptcy case number. If the related bankruptcy case is closed, the system will display a warning message.
  6. The Search for a plaintiff screen displays.

    A search may be performed by Social Security Number Tax Identification Number, Last Name (or business name, first name and/or middle name)

    • Enter the plaintiff's first and last name or all or part of the Last/Business name, and click Search.
    • The Party search results displays. If the party listed matches exactly the name on the complaint, click Select name from list.
    • If your search returns No person found or the party search results do not return the desired results, click Create new party.
  7. The Plaintiff Information screen displays.
    • Party text: Enter further descriptive text for the debtor in the Party text field, only when appropriate (e.g. a New Mexico Corporation, Guardian of the Estate, etc.) Note: Do not enter "plaintiff"as descriptive information in the party text field. The docket will automatically list the party as a plaintiff.
    • Role in Bankruptcy Case: Select the plaintiff's role in the related bankruptcy case. This is a required field.
    • Add additional attorney: If there are additional attorneys representing the plaintiff, click the button to add them.
    • Alias: If the plaintiff has an alias, click the Alias button.
    • Corporate parent/affiliate: to add the corporate names listed on the Corporate Ownership Statement, click on Corporate parent / affiliate.
    • Review: clicking on the Review button at any time presents a screen summarizing the attorneys, aliases, and corporate parents/affiliates added.
    • Click Submit once the plaintiff information screen is complete.
    • You will receive warning messages for fields that have been left blank. Click OK to bypass the warning messages.
    • The Search for a plaintiff screen displays again.
    • Continue to enter the information for each plaintiff in a similar fashion.
    • Once entry of each plaintiff is complete, click End plaintiff selection.
  8. The Search for a defendant screen displays.

    A search may be performed by Social Security Number Tax Identification Number, Last Name (or business name, first name and/or middle name)

    • Enter the defendant's first and last name or all or part of the Last/Business name, and click Search.
    • The Party search results displays. If the party listed matches exactly the name on the complaint, click Select name from list.
    • If your search returns No person found or the party search results do not return the desired results, click Create new party.
  9. The Defendant Information screen displays.
    • Party text: Enter further descriptive text in the Party text field, only when appropriate (e.g. a New Mexico Corporation, Guardian of the Estate, etc.) Note: Do not enter "defendant" as descriptive information in the party text field. The docket will automatically list the party as a defendant.
    • Role in Bankruptcy Case: Select the defendant's role in the related bankruptcy case. This is a required field.
    • Add additional attorney: If there are additional attorneys representing the plaintiff, click the button to add them.Note:There is no need to add yourself as the attorney for the plaintiff in this step. The attorney will automatically be associated.
    • If filing a Notice of Removal on behalf of the defendant, the Attorney button displays in place of the Add additional attorney button.
    • Click the Attorney button to add the attorney(s) for the plaintiff in the state court proceeding.
    • Alias: If the defendant has an alias, click the Alias button.
    • Corporate parent/affiliate: to add the corporate names listed on the Corporate Ownership Statement, click on Corporate parent / affiliate.
    • Review: clicking on the Review button at any time presents a screen summarizing the attorneys, aliases, and corporate parents/affiliates added.
    • Click Submit once the defendant information screen is complete.
    • You will receive warning messages for fields that have been left blank. Click OK to bypass the warning messages.
    • The Search for a defendant screen displays again.
    • Continue to enter the information for each defendant in a similar fashion.
    • Once entry of each defendant is complete, click End defendant selection.
  10. The Statistical Screen displays.

    Make the appropriate selections (choose one):

    • Party code:

      3 U.S. not a Party (default)

      1 U.S. is a plaintiff

      2 U.S. is a defendant

    • Rule 23 (class action): y or n (default)
    • Jury Demand (if a jury is requested, select the party making the demand):
      • None (default)
      • Both
      • Defendant
      • Plaintiff
    • Demand ($000):If applicable, enter the dollar demand in thousands. For example, for a $50,000 demand, enter 50.
    • State law:y (yes), u (unknown) or n (no is the default)
    • Primary nature of suit:make the appropriate selection. Select any additional nature of suits (up to 4 additional).

  11. Browse, verify, and attach the document.
  12. The fee screen displays.

    Choose the appropriate radio button.

    • If Fee Due is selected the filing fee displays.
    • If Fee Not Due is selected, enter NOT DUE in the Receipt # box.

      The fee is not due if the plaintiff is the United States, debtor, debtor in possession acting for the benefit of an individual debtor, or a child support creditor, or its representative who files Procedural Form B281.

      Form: B281 (Appearance of Child Support Creditor or Representative)

      28 U.S.C. §1930 - Bankruptcy Fees
    • If Deferred - Trustee or Debtor in Possession Use Only is selected, enter DEFERRED in the Receipt # box.

      The fee is deferred if the plaintiff is the trustee or debtor in possession, the funds are payable only by the estate, and no funds are currently available. See 28 U.S.C. §1930 - Bankruptcy Fees

    • If Fee payable from the estate and payment due within 10 days - Trustee Use Only is selected, enter INVOICED in the Receipt # box.

      The plaintiff is the trustee and the fee is payable from the estate within 10 days of filing the complaint.

      NM LBR 2015-2

      28 U.S.C. §1930 - Bankruptcy Fees
  13. Review final docket text.
  14. NEF Displays
  15. The Summary of current charges panel displays.
    • Click Pay Now or Continue Filing