Official Procedure Last Change October 1, 2012
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Bankruptcy > Motions, Applications & Briefs > Deem Mortgage Current, Motion to |
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11 U.S.C. Section 506 S.D.Ind. B-3002.1-1 |
This event is made available for use at the end of a Chapter 13 plan. Proper service on the mortgage lender will be critical to the Court's determination.
Filing Requirements
Motion must be signed by filing party
A Certificate of Service must accompany the Motion.
Use of the Court's sample form is encouraged.
Filing party is responsible for uploading a proposed order. Ensure that the order includes the name of the mortgage company.
A 21 day objection notice must be included with the Motion. The Notice may be included in the body of the Motion or filed separately using the Deem Mortgage Current Notice with Certificate of Service event.
2. Select Bankruptcy > Motions, Applications & Briefs
3. Enter the case number (in the format xx-xxxxx) and click Next
4. Select Deem Mortgage Current, Motion to from the event list. 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. A message is displayed. Click Next
10. Browse to select the Motion (pdf file). Click Next
11. Indicate whether the notice is included or will be filed separately. Click Next
12. 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).
13. 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
14. 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.
15. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.
If the Motion is deficient: A corrected motion 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 was not filed: The notice can be filed separately using ECF event Deem Mortgage Current Notice with Certificate of Service. This must be done prior to the deficiency deadline or the Motion may be stricken by the court.
If the Certificate of Service was not filed: The Certificate of Service can be filed separately using the Certificate of Service (including Statement in Lieu for Address Changes) event. This must be done prior to the deficiency deadline or the Motion may be stricken by the court.