Motion to Determine Transferee's Rights Pursuant to FRBP 3001(e)(3)



How to file:

Location of event: Bankruptcy > Motions, Applications or Briefs > Determine Transferee's Rights Pursuant to FRBP 3001(e)(3)


Things to be aware of when filing: The Motion must reference a transferred claim.



FRBP 3001(e)(3)


General Information

If a claim is transferred for security, and the case is in Chapter 11, questions may arise as to whether the original holder of the claim or the entity given a security interest in the claim has the right to vote on any plan.  This event is for the motion contemplated by FRBP 3001(e)(3) in such situations.



Filing Requirements



Step by Step Instructions


1. Log into ECF


2. Select Bankruptcy > Motion, Applications & Briefs


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


4. Select Determine Transferee's Rights Pursuant to FRBP 3001(e)(3), 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 . 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


11. Select prefix text and 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.


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


13. Upload proposed order



Curing a Deficient Filing

If the motion is deficient: A new motion, using the above procedure, fixing deficient items, must be filed prior to the deficiency deadline or your original filing may be stricken by the court.