Motion to  Classify Claim(s) Pursuant to FRBP 3013

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Bankruptcy > Motions, Applications & Briefs > Classify Claim(s) Pursuant to FRBP 3013, Motion to

 

FRBP 3013

 

General Information

This event is available for the trustee or other party in the case who desires to establish proper classification of a claim when such is necessary to properly formulate a plan.


Filing Requirements

 

Step-by-Step Instructions

1. Log into CM/ECF

 

2. Select Bankruptcy > Motions, Applications & Briefs

 

3. Enter the case number (in the format xx-xxxxx) and click Next

 

4. Select Classify Claim(s) Pursuant to FRBP 3013, 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).

 

12. If you indicated in step 5 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

 

13. 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.

 

14. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.

 

15. Upload proposed order

 

 

Curing Deficiencies

If the Motion is deficient: A corrected motion that fixes deficient items must be filed prior to the deficiency deadline using the above instructions, or the original filing may be stricken by the court.

 

If the Notice is deficient or missing: A notice must be filed using the Classify Claim(s) Notice with Certificate of Service event prior to the deficiency deadline or the motion may be stricken by the court.

 

If the Certificate of Service is deficient or missing: A certificate of service must be filed using the Certificate of Service event prior to the deficiency deadline or the motion may be stricken by the court.