Opposition

Opposition is often captioned interchangeably as either Opposition or Objection.  Accordingly, CM/ECF contains both an Opposition event and an Objection event. Either event may be utilized depending upon the manner in which the pleading is captioned.

This event is programmed in CM/ECF to automatically transmit statistical information to the Administrative Office of the U.S. Courts pursuant to statutory mandates of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).  If you are opposing Confirmation of Plan or opposing Professional Fees, please be sure to make the appropriate selection in STEP 8 below to ensure the successful transmission of this information.  

See also, Chapter 13 Debtor's Certification in Opposition to Creditors Motion or Certification of Default OR Trustee's Motion or Certification of Default NEW.

NOTE:  Do not use this event to e:file objections to proposed orders submitted  under the seven day rule.  These should be e:mailed  to the appropriate judges' e:mail box. (D.N.J. LBR 9072-2)

Do not use this event to e:file an objection to a claim.  Use Claim Action - Objection to Claim or use Motion/Application - Expunge, Reduce, Modify, Object to Claim.

For instructions on filing an Opposition in a bankruptcy case, click here.

STEP 1          Choose Adversary from main menu

STEP 2          Choose Answer/Response category

STEP 3          Choose Motion/Application category

STEP 4          Enter case number; click [NEXT]

STEP 5          Select Opposition from drop down list; click [NEXT]

STEP 6          If this is a joint filing, place a check in the box; click [NEXT].   If this is not a joint filing, click [NEXT] to skip this screen

STEP 7          Select party or click [ADD/CREATE PARTY]; click [NEXT]

TIP - If this is the first time you are appearing on behalf of this party, you will be asked to create an association between the attorney and client on the next screen as shown below:

Please be aware that unchecking the association check box will prevent you from receiving Notices of Electronic Filing in this case.

STEP 8          Upload the PDF document and any attachments, click [NEXT]

TIP - Supporting documents such as Certificates of Service and proposed orders are added to the event as ATTACHMENTS to the Objection.

STEP 9          Screen displays Type of Document.  Place a check in the box to select Brief, Certification, Affidavit, or Other;  Screen also displays Select What Objection is for.  Place a check in the box to select Confirmation of Plan, to Professional Fees, Other; click [NEXT]

STEP 10         Select the category to which this document relates; click [NEXT]

TIP - If "Other" is selected, Variable Box displays: "Objection to What"

STEP 11        Place a check in the box next to the appropriate event; click [NEXT]

TIP - If only one event exists, CM/ECF will default with a check in the box.

STEP 12        Confirm case information; click [NEXT]

STEP 13        Docket text appears; review for accuracy, select a prefix if necessary, modify if appropriate; click [NEXT]

TIP - The text of this docket entry cannot be modified from this screen.  If an error is found, abort the transaction and begin again.

SAMPLE DOCKET TEXT

[Type of Document] Opposition to [related document] filed by Test Attorney on behalf of Test Client. (test atty)

STEP 13        Notice of Electronic Filing displays.