Motion to Extend Time to File Adversary Documents

General Information

• This Motion can be used to request an extension of time to file an answer, pretrial statement or other adversary document.

• A Notice of Extension of Time, which does not require an order from the Court, may be filed instead of a Motion if all of the following are true:

• • This is the first request for an extension of time
  • The extension sought does not exceed 28 days
  • The opposing party's consent has been obtained, or they were unable to be contacted

If filing a Notice of Extension of Time, the PDF must be titled as such (not as a Motion), and should be filed using the Notice of Extension of Time to File menu option.

Filing Requirements

• The Motion must be signed by the filing party.

• A Certificate of Service showing service of the Motion on all parties to the adversary proceeding must be included.

• An Appearance, filed by any attorney for the filing party, must be filed as a separate event.

• Per Clerk's Notice of 2/15/11, a Statement of Corporate Ownership must be filed if the filing party is not an individual or a governmental unit, unless the filing party is the debtor.

• It is not necessary to upload a proposed order - the Court will prepare one.

Step-by-Step Procedures

1. Log into CM/ECF

2. Select Adversary > Motions & Briefs

3. Enter the case number (e.g. xx-xxxxx) and click Next

4. Select Extend Time to File Adversary Documents, Motion to from the event list and click Next

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney, click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to select the Motion (pdf file).  Click Next

10. Check all relevant boxes to indicate for which documents you are requesting an extension of time and click Next. If you checked the Other check box, type in the name of the other document(s) for which an extension is sought and click Next. (It is best to begin the name of each document you enter in this text box with an upper case letter, e.g. Briefs instead of briefs.)

11. If you indicated that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

12. Enter additional text, if desired, and/or select prefix text and click Next

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. The additional text option is not always available.

13. 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.

Curing a Deficient Filing

A Corrected Motion, fixing deficient items, must be filed prior to the deficiency deadline or the original Motion may be stricken from the record.