Official Procedure Last Change July 2, 2012
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Bankruptcy > Motions, Applications & Briefs > Close Chapter 11 Case, Motion to |
S. D. Ind. B-3022-2(c) |
A Motion to Close Chapter 11 Case can be filed by an individual Chapter 11 debtor in order to avoid US Trustee fees and reporting requirements while the payments called for by the plan are being made.
Once payments have been made, a Motion to Reopen and then an Application for Final Decree should be filed in order to receive the discharge in the case.
A Motion to Close may be allowed in non-individual cases where everything has been resolved except for some pending litigation. The Motion to Close event does not allow filing on a non-individual case however, so the Motion for Authority event should be used in these very limited circumstances.
Filing Requirements
The Motion must be signed by the filing party or their attorney.
A Certificate of Service must be included.
It is not necessary to upload a proposed order - the Court will prepare one.
2. Select Bankruptcy > Motions, Applications & Briefs
3. Enter the case number (in the format xx-xxxxx) and click Next
4. Select Close Chapter 11 Case, 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. Objection deadline is calculated and displayed. Click Next
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. Select prefix text, if applicable, 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.
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.
A Corrected Motion, fixing deficient items, must be filed prior to the deficiency deadline or the original Motion may be stricken from the record.