Official Procedure Last Change July 8, 2016
See separate procedure for Substitution of Appearance.
How to file:
Location of event: Bankruptcy > Notices & Certifications > Appearance or Adversary > Miscellaneous > Appearance
Things to be aware of when filing: A party (other than a trustee) desiring to intervene in a proceeding must file a Motion to Intervene.
S.D. Ind. B-9010-1
An attorney representing a party (other than to file a Proof of Claim or a Reaffirmation Agreement) must file a separate Appearance for each party. Attorneys representing Chapter 7 trustees must also file appearances.
Appearances are not required to file the following documents:
Creditor’s request for notice
Creditor’s change in address
All filings by the US Trustee except Adversary Proceedings
Filing of a Request for Notice does not in itself satisfy any requirement for an Appearance. Appearance and Request for Notice are not one and the same.
The filing of a petition by an attorney on behalf of a debtor constitutes said attorney's appearance for that debtor.
Counsel for Plaintiff and Counsel for Defendant in Adversary Proceedings must file appearances.
If the plaintiff or defendant in an adversary later acquires another role, such as counter defendant, the docket in ECF will not automatically transfer any attorney for the party to the new role. However, only one appearance is required per party, regardless of any additional roles that the party may acquire.
Appearance rule applies to the filing of pleadings, not taking some other action (like covering a hearing).
Separate rules apply to attorneys or others representing child support creditors. See separate procedure for further information.
Appearances must contain the appearing party's address, telephone number, fax number (if available), and e-mail address (if filing electronically).
Joint appearances are not permitted, even by two attorneys from the same law firm. A separate appearance must be filed for each attorney. However, an attorney filing a subsequent pleading does not have to file an appearance if someone else in their firm has already done so.
1. Log into CM/ ECF
2. Filing an appearance on a bankruptcy case: Select Bankruptcy > Notices & Certifications
Filing an appearance on an adversary case: Select Adversary > Miscellaneous
3. Enter the case number (in the format xx-xxxxx) and click Next
4. Select Appearance from the event list. Click Next
5. Click Next
NOTE: Joint filing of appearances is not allowed pursuant to guidance sent by Clerk.
6. Click to highlight Party. Click Next. If the party is not listed, click Add/ Create New Party
7. If no new attorney(s) or party was added, skip to next step. If a new attorney or new party was added to the case, check appropriate box(es) to create an association between the attorney and party, click Next. If the associations are not correct, do not check any box, click Next
8. Browse to select the Appearance (pdf file). Click Next
9. If applicable, insert text in text box. Click Next
10 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. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.
If the Appearance is deficient, an amended Appearance must be filed prior to the deficiency deadline using the instructions above, or the Appearance and/or pleading filed along with it may be stricken.