Motion to Incur Debt

General Information

• The Motion to Incur Debt event can only be used in Chapter 13 cases, and is only for use when incurring a new debt.

• If seeking to modify an existing secured debt, for instance negotiating new terms for a mortgage with the current lender, the Motion to Modify Secured Debt event should be used.

• If the debt to be incurred is $1000 or less: No approval is needed from the Court or Trustee. ECF will not allow you to file a Motion to Incur Debt that seeks to incur $1000 or less.

Filing Requirements

• Motion must be signed by the filing party.

• A Certificate of Service must accompany the Motion.

• A copy of trustee's approval, if such has been obtained, must be included.

• A proposed order must be uploaded by the moving party.

Step-by-Step Procedures

1. Log into CM/ECF

2. Select Bankruptcy > Motions, Applications & Briefs

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

4. Select Incur Debt, 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. Select radio button to indicate whether debt to be incurred is more than $1000 or not and click Next.

Note: If seeking to incur a debt of $1000 or less, no court approval is necessary. Therefore, you will not be allowed to proceed with the filing in such an instance.

10. Browse to select the Motion (pdf file).  Click Next

11. Fill in the name of the creditor with whom debt is to be incurred.

12. Select appropriate radio button to indicate whether you are attaching trustee's consent statement, then click Next

13. If you selected No in the previous step, objection deadline is calculated and displayed. Click Next , unless pending motions are also displayed (see next step)

14. 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

15. 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.

16: 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 motion are immediately e-mailed to all participants who receive electronic notification in the case.

Curing a Deficient Filing

An amended motion fixing the deficiency must be filed within the time given or the motion may be stricken from the record.