Official Procedure Last Change May 16, 2024
Filing a Miscellaneous Proceeding
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How to file: Consult with the Clerk's Office. A Miscellaneous Proceeding cannot be filed electronically by a registered ECF user. Required documents must be mailed or hand delivered to the Clerk's office. |
General Information
A Miscellaneous Proceeding is either not related to a bankruptcy case or adversary proceedings filed in the Southern District of Indiana, or seeks to address the same issue in multiple cases.
Examples:
- Registration of foreign (i.e., from outside the Southern District of Indiana) judgment.
- Rule 2004 subpoena from another district
- Omnibus Motion to Redact Documents
- Attorney surrogacy/Substitution of Attorney or Trustee
- Notice of Removal of state court action related to a bankruptcy case pending outside of the Southern District of Indiana.
- Ransomware/Technology Bases Business Interruptions
- Omnibus Application for Payment of Unclaimed Funds
Step-by-Step Instructions
1. The filing attorney who must be a registered ECF user contacts the Clerk's office about file preparation details.
2. The filing attorney delivers Miscellaneous Proceeding paperwork (see above examples) with an original signature (not electronic) and initial filing fee, if any, to the Clerk's Office (a filing fee is not required if the proceeding is opened as part of the attorney surrogacy process.)
3. The Clerk's Office opens a Miscellaneous Proceeding which generates a Notice of Electronic Filing. This notice contains the Miscellaneous Proceeding number and is sent to the email address associated with the attorney's ECF account (the proceeding number begins with a two-digit year followed by 56, e.g. 24-56001).
4. The filing attorney emails required data to the Clerk's Office and/or electronically files any other documents needed in the Miscellaneous Proceeding.
5. The Clerk's Office dockets an ECF invoice for any outstanding fees which must be paid via Pay.gov.
6. The Clerk's Office will complete processing of the Miscellaneous Proceeding only upon payment of all outstanding fees, the receipt of all digital media (see Redaction and Attorney Substitution examples), and entry of all Court orders.