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CM/ECF Updates Re: No Discharge; Dismiss Adversary Proceeding; Set Deadline for Filing POC or Interest; Application to Employ; Period Report; Service of Process & Unclaimed Funds

Friday, February 17, 2017

The following CM/ECF update will take effect the weekend of February 21, 2017:
Order of No Discharge Procedure
The following changes have been made to help both attorneys and court users with the Order of No Discharge procedure:

  • The Motion for Relief from Judgment/Order event has been updated to allow attorneys to indicate if only one debtor in a joint case is seeking relief. The corresponding order allows the same option for court users. If relief is granted, a discharge deadline is set so the case manager can review the case to determine if the debtor is eligible for a discharge.
  • The Motion for Entry of Chapter 13 Discharge event displays a warning message for attorneys if an Order on Motion Objecting to Discharge has been entered or a U.S. Trustee’s Notice of Ineligibility for Discharge has been filed.
  • A 30-day deadline is set when the trustee files the Notice of Plan Completion so case managers can review case for required documents to determine if the Order of No Discharge should be entered.
  • If an Order of No Discharge is entered in error and later vacated, the closing dispositions are auto-removed.
  • The Close Case deadline is set for all chapter 7 no asset cases when the Order of No Discharge is entered.

Motion to Dismiss Adversary Proceeding or Count
This event has been updated to set a 28-day objection deadline pursuant to S.D.Ind. B-7041-2 for motions filed by plaintiffs on complaints to deny or revoke the discharge.
Motion to Set Deadline for Filing Proof of Claim or Interest
This event has been updated to allow it to be docketed on jointly administered member cases.
Notice on Application to Employ
This notice is required on Applications to Employ filed in chapter 11 cases, but oftentimes the certificate of service is not included with the notice. The event has been updated to allow filers to indicate if the certificate of service will be filed separately or is attached to the notice, which is reflected in docket text. The deadline monitored by courtroom deputies to ensure that the notice has been filed has been updated to read: “Employment Application Notice and Certificate of Service Filed?”. The deadline must now be manually terminated.

Periodic Report Pursuant to Fed.R.Bankr.P. 2015.3
This event has been updated to allow outside users to add extra docket text when necessary.
Notice of Service of Process
This new notice, informing pro se plaintiffs of their responsibility to supply the Court with proper/correct addresses for defendants, went LIVE on January 17, 2017, but the docket text didn’t reflect that the notice was issued. Docket text has been corrected and now includes “Notice of Service of Process issued to plaintiff” when appropriate.
Application for Payment of Unclaimed Funds
This event, which is filed on closed cases, has been updated to auto-assign a new judge if the current judge has retired. Previously, a new judge was manually assigned.