Official Procedure Last Change August 10, 2012
Menu item to use: |
Bankruptcy > Motions, Applications & Briefs > Set Budget for Interim Use of Estate Property, Motion to |
11 U.S.C. 363, 1115 |
This event is available for use by chapter 11 individual debtors only in order to obtain court approval to use property of the bankruptcy estate in order to provide for reasonable and necessary living expenses, tax withholdings, and ongoing payroll check reductions.
Filing Requirements
Use of the court's sample form is recommended.
The Motion must be signed by the debtor's attorney (or by the debtor, if pro se).
A Certificate of Service must be included.
A 21 day objection notice with Certificate of Service must be included. The Notice may be included in the body of the Motion or filed separately using the Set Budget Notice with Certificate of Service event.
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 Set Budget for Interim Use of Estate Property, 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. Indicate whether the notice is included or will be filed separately. Click Next
11. If you indicated that the notice is included, enter service date and click Next. Objection due date is calculated and displayed. Click Next , unless pending motions are also displayed (see next step).
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 using the instructions above, or the original Motion may be stricken from the record.