Official Procedure Last Change December 31, 2010
Motion to Modify Secured Debt
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General Information
The Motion to Modify Secured Debt is only applicable to Chapter 13 cases, and should only be used if seeking to modify an existing secured debt, for instance negotiating new terms for a mortgage with the current lender. If seeking to incur a new debt, a Motion to Incur Debt must be filed.
The trustee is given 7 days (Indianapolis) or 14 days (divisions) to file an objection before an order will be entered by the Court.
Filing Requirements
Motion must be signed by the filing party.
A proposed order must be uploaded by the moving party.
1. Log into ECF
2. Select Bankruptcy > Motions, Applications & Briefs
3. Enter case number. Click Next
4. Select Modify Secured Debt, Motion to. 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 warning notice is displayed. Click Next
10. Browse to select the Motion (pdf file). Click Next
11. Trustee's objection date is displayed. Click Next
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. Insert text in text box and/or select prefix text if desired 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.
Curing a Deficient Filing:
If the Motion is deficient: A new Motion, fixing deficient items, must be filed prior to the deficiency deadline using the above procedure or your original filing may be stricken by the court.