Official Procedure Last Change February 12, 2021

Agreed Motions

General Information

• Any motion can be filed as an agreed motion by selecting the correct option as shown in the step-by-step instructions below.
• Any requirements to file an objection notice along with the motion still apply - even though it is agreed - unless all parties who would normally be given an opportunity to object have signed off on the Agreed Motion. For example, an objection notice is required to be served on all creditors when filing an Agreed Motion for Abandonment and Relief from Stay.
• Any requirements to file a Certificate of Service along with the motion still apply  - even if all interested parties have signed off on the Agreed Motion.
• Agreed Motions for Relief from Stay (with or without abandonment) are exempt from the usual filing fee - even if an objection notice must still be sent. View information on how to obtain this exemption
• If seeking to file an agreement to resolve a previous issue, see instructions on Agreed Entries.
• Agreements pursuant to FRBP 4001(d) must be filed using that event.

Filing requirements 

Consult the filing requirements in the corresponding instructions for the particular motion type you are filing.

In addition:

• The Agreed Motion must have been signed by all parties to the agreement.
• The text of the Motion must not contain language referencing the Motion as an Agreed Order. Additionally, the phrase, ”So Ordered” or its equivalent and/or a signature line for the Judge must be omitted.  
• Pursuant to the Clerk's Notice dated 10/15/08, all Agreed Motions submitted on a Chapter 13 case post-confirmation must have the Chapter 13 trustee’s signature.
• For cases filed in the Evansville division, the above requirement for trustee's consent applies also to pre-confirmation Chapter 13 cases.
• A proposed order must be uploaded.

Step-by-Step Instructions

Docket the Motion using the same menu option in CM/ECF that you would have used had the motion not been agreed. For instructions on doing so, consult the relevant page of this Procedures Manual that addresses the type of motion that you are filing.

Do not indicate that the Motion is amended, since this will prevent you from later indicating that the Motion is agreed:

When you get to the Docket Text: Modify as Appropriate screen, select the Agreed option from the drop down list:

If you are filing an amended agreed motion, do not choose Amended from the drop down list. Instead, choose Agreed as shown above and type (amended) in the text box.

Official Procedure Last Change November 4, 2020

Application for Compensation and/or Reimbursement of Expenses Pursuant to Sec. 330

General Information

• Upon receipt of the Application, the Court may issue to the debtor, the trustee and all parties in interest at least 21 days notice of the request or set a hearing by electronic notification or via United States mail which will identify the applicant and the amounts requested if the application exceeds $1000. If the party has been employed and the amount is under $1000, the Court may enter the order without hearing or notice. On its own motion or the motion of any party in interest at any time prior to the closing of the case, the Court may order a hearing to review any fee paid or to be paid.
• Limited Appearances for the debtor do not require an application to employ or an application for compensation. Attorneys who appear as local counsel at the first meeting of creditors or who handle a hearing as local counsel are not required to file an appearance unless they wish to file a pleading (or if they wish to receive notices in the case). Local counsel for a debtor is required to file a disclosure of compensation, if counsel is getting paid.
• Requests for payment of subrogation liens must not be included in an Application for Compensation - these should be addressed via a Motion to Compromise and/ or Settle under Rule 9019.

In Chapter 13 Cases:

• Counsel for the Chapter 13 debtor need not file an application to be employed. Counsel may seek approval for fees up to $4000 without filing a detailed application if:
  • an executed copy of the Rights and Responsibilities of Chapter 13 Debtors and Their Attorneys has been filed,
  • no objection to the requested fees has been raised; and
  • a proof of claim has been filed with the Court by debtor’s counsel and served upon trustee.

Otherwise, counsel must file an application for compensation in accordance with the Code and Rules.

• If the plan provides that all of a tort or contract claim remains property of the estate, the trustee is expected to file the application to employ special counsel. The trustee will also file an application seeking Court approval of any compromise or settlement of the claim, and a separate application to set the compensation awarded to special counsel. Otherwise, if only a portion of the net settlement of the claim will be paid into the plan, then it is the responsibility of the debtor/debtor’s counsel to employ special counsel. The Court will not have to approve the settlement nor compensation of the special counsel.
• Pursuant to S. D. Ind. B-2016-1, an Application for Compensation may be filed on a dismissed case in some instances.

In Chapter 11 Cases:

• At the time of filing the Employment Application, a debtor and a proposed professional may obtain approval of the Court to draw down a retainer paid by the debtor to the Professional. Otherwise, an entity seeking interim compensation for services, or reimbursement of necessary expenses, from the estate shall file an application setting forth a detailed statement and seeking compensation/expenses. Even if draw on the retainer has been authorized, a final application for fees and expenses at the end of the case is expected.

When not to use this event

• If you are seeking reimbursement of an expense that was incurred in connection with his case and are not employed by an Order of the Court, you would need to file an Application for Payment of Administrative Expenses.
• If you were employed and were awarded compensation by court order and did not receive pyment, you would also need to file an Application for Payment of Administrative Expenses to obtain a specific Court Order directing payment. 

Filing requirements

• Professionals are usually employed by the Trustee, Debtor-in-Possession or Creditor’s Committee and these parties would file an application for authority to receive compensation for services and reimbursement for expenses.  An application to employ should have been filed and approved by the Court before payment is sought to pay professionals. Debtor’s Counsel and Trustees in Chapter 7 & 13 cases are not required to be employed by an order of the Court.
• The Application for Compensation must be filed by the same party that filed the Application to Employ, not by the professional themselves.
• The Application for Compensation cannot also include an application to employ; separate motions are required.
• The Application must identify the professional, services rendered, time expended and expenses incurred.
• The Application cannot contain a request for compensation for more than one entity. Separate applications must be filed.
• The amounts requested must be clearly stated within the motion.
• If counsel for a chapter 13 debtor is seeking fees greater than $4500, the application must be accompanied by time records supporting the additional fees or by an affidavit explaining why the standard fee is inadequate in the case. An affidavit must also be included if seeking more than the standard 50% of the unpaid fee balance on cases dismissed or converted prior to confirmation of a plan.
• Do not include an objection deadline in the Application - the court will prepare and distribute an objection notice if one is needed.
• Filing party is responsible for uploading a proposed order.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Compensation and/or Reimbursement of Expenses Pursuant to Sec. 330, Application for 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. Do not select additional attorneys (trustee users) nor check the Joint filing with other attorney(s) box (all other users). Click Next.

7. If the party to receive compensation is not listed, add them. Show me how

8. Select both the party filing the Application (trustee or debtor) and the party for whom compensation is sought, as shown in the example below. (Hold down the Ctrl key while clicking to select the second 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 attach the document to be filed (pdf file). Click Next, then Next.

10. All parties that you selected in the steps above are shown:

• For the party for whom compensation is sought, select a role from the Type drop-down list. Then, and enter an amount in the Fee request box (the amount the professional will be paid by the debtor or the estate) and an amount in the Expense request box.
• For all other parties shown, check the Party is not receiving compensation box, as shown above.

11.  If this is the final Application for Compensation to be filed for the professional in this case, select the Final radio button. If a further Application is to be filed later for the same professional in this case, select Interim. 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. 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

15. Upload proposed order.

Official Procedure Last Change December 1, 2023

Application for Final Decree

General Information

• In a Non-Sub V Case or a Sub V Case confirmed under 11 U.S.C. § 1191(a) in which the Debtor is not an individual, the Plan Proponent or other entity administering the confirmed plan shall apply for a final decree, after the estate has been fully administered.

• In a Sub V Case confirmed under 11 U.S.C. § 1191(b) in which the Debtor is not an individual, the Debtor or trustee, consistent with the terms of the confirmed plan or confirmation order, shall apply for a final decree after the trustee has filed either the Chapter 11 Subchapter V Trustee's Final Report and Account or the Report of No Distribution.

• Following review of the Application by the court, the discharge is issued (if applicable), the Final Decree is entered and the case is closed.

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• The Motion must state the percentage paid to general unsecured creditors in the plan.
• A 14 day objection notice must be filed, either combined with the Motion or filed separately using the event, Final Decree Notice with Certificate of Service.
• A Certificate of Service must be included.
• It is not necessary to upload a proposed order - the Court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Final Decree, Application for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. A warning message is displayed. Click Next (unless you are filing an amended motion - see next step).

11. 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.

12. 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.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change May 12, 2016

Application for Payment of Administrative Expenses or Administrative Claim

General Information

This event is used when seeking payment of an administrative expense, as more fully explained in 11 U.S.C. Section 503.

Trustees, examiners, and professionals employed by the estate at any time should not use this event until after the Court awards compensation and reimbursement of expenses. Such parties should ensure both that their employment was approved by the Court and that their fees and expenses were awarded prior to filing an application for payment of an administrative expense.

Per section 348(d) of the Bankruptcy Code, claims against the estate arising after filing but before conversion ("post-petition debts") are treated as if they arose before filing unless the claim is filed as an administrative expense under Section 503(b). Post-petition creditors wishing to file a claim for an administrative expense must first file an Application for Payment of Administrative Expense or Administrative Claim, then after the Court has entered an order approving, file a Proof of Claim, entering the amount into the Administrative box. 

Filing requirements

• The Application must be signed by the filing party.
• A certificate of service must be included.
• The Application must identify professional and amount of expenses incurred.
• Do not include an objection deadline in the Application - the court will prepare and distribute an objection notice if one is needed.
• Filing party is responsible for uploading a proposed order.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Administrative Expenses Pursuant to Sec. 503, Application for Payment of 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Enter name of party requesting payment and amount requested (numbers only - do not enter a dollar sign. E.g. type 1164.94 for $1164.94). Click Next.

11. 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.

12. 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.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Official Procedure Last Change May 3, 2021

Application for Payment of Unclaimed Funds

General Information

• Unclaimed dividends are deposited with the Court by the trustee for an owner or recipient who is entitled to the money, but who has failed to claim ownership of it.
• A search engine to locate unclaimed funds held by participating Bankruptcy Courts nationwide is available on the court's website.
• Applications for release of unclaimed funds must comply with 28 U.S.C. Section 2042. Any claimant entitled to unclaimed funds may petition the court. Upon full proof of the right to such funds, the claimant may obtain an order directing disbursement of the funds to the claimant.
• An application for payment of unclaimed funds cannot be filed electronically. All applicants must mail or deliver the documents to the court.

Filing Requirements

• The use of the Application for Payment From Unclaimed Funds sample form is recommended. View instructions for completing the Application
• The Application For Payment From Unclaimed Funds must contain the case number, the name of the debtor, the payee information, and the monetary amount to be disbursed by the Court.
• In addition to the Application for Payment from Unclaimed Funds and Form AO213P, filer will need additional items as follows:

1. Proof of identity of the applicant
2. Documentation sufficient to establish the Claimant’s identity and entitlement to the funds
3. Additional items:

Owner of Record:

Individual:

• Supporting documentation if name has changed (eg. Divorce, Marriage).

Business or Government Entity:

• Application must be signed by an authorized representative for and on behalf of the business or government entity
• A notarized statement of the signing representative’s authority

Successor Claimant:

Individual:

• Documentation sufficient to establish chain of ownership or the transfer of claim from the original Owner of Record

Business or Government Entity:

• A notarized power of attorney signed by an authorized representative of the successor entity
• Documentation sufficient to establish chain of ownership or the transfer of claim from the original Owner of Record.

Deceased Claimant's Estate:

• Certified copies of probate documents or other documents authorizing the representative to act on behalf of the decedent or decedent’s estate in accordance with applicable state law (e.g., small estate affidavit)

Claimant Representative:

• Notarized power of attorney signed by the Claimant (or Claimant’s authorized representative) on whose behalf the representative is acting

• All documents, including the Application and Form AO 213P, must be mailed to the Indianapolis Clerk's Office.

Note: Payment will be made payable in the owners' name or the name of the Corporation or Business name only.

Official Procedure Last Change May 27, 2022

Application for Waiver of the Chapter 7 Filing Fee ("in forma pauperis")

General Information

• The bankruptcy court may waive the chapter 7 filing fee for an individual debtor who:

1. has income less than 150 percent of the poverty guidelines last published by the United States Department of Health and Human Services (DHHS) applicable to a family of the size involved; and
2. is unable to pay that fee in installments. The Application for Waiver of Chapter 7 Filing Fee must be filed as a separate event, not included with the Voluntary Petition.

• If Application is granted, the case will become In Forma Pauperis. This means that for the duration of the case, no filing fees are due for the petition or any subsequent filings (e.g. for Amended Schedules). ”IFP” will display  as a flag at the top of the docket screen to indicate this.

• If the debtor pays any filing fee while in an In Forma Pauperis status, that payment will be considered a waiver of the right to file the associated document without incurring the filing fee. Therefore, the payment will not be refunded.

• If an In Forma Pauperis case is converted to Chapter 13, the Chapter 13 filing fee will become due. The Order Converting will provide the installment amount(s) and deadline(s) for payment. Pro se debtors may pay installment fees online via Pay.gov or mail payments to the Indianapolis Office. Attorneys must pay installment fees online via Pay.gov after creating an installment fee payment.

Filing requirements

• Official Form B103B must be used.
• The motion must be signed by the debtor(s). Signature of the debtor's attorney alone is not sufficient.
• It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Waiver of Chapter 7 Filing Fee, Application for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Trustee's objection deadline is calculated and displayed. Click Next.

11. 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.

12. 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.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change December 1, 2022

Application to Employ

General Information

• The Court cannot grant an Application to Employ in the first twenty-one days after the filing of the case except to the extent that the relief is necessary to avoid immediate and irreparable harm.
• Other than in Chapter 11 and 12, no objection notice is required, although the Court will not enter an order for 14 days (or longer if the 21 day period mentioned above has not passed) to allow for the filing of any objections.
• In Chapter 11 and 12 cases, an application to employ attorney for the debtor must be filed within 14 days from the date the case was filed or converted to those chapters.
• Chapter 13 Debtors who are using a Professional to pursue the sale, determination or collection of property of the estate pursuant to 11 U.S.C. § 1306, including claims that arise post-petition, shall file a Notice of Retention and Compensation Terms as to each Professional retained (view flowchart). An Application to Employ should not be filed.
• Requests for payment of subrogation liens must not be included in an Application to Employ - these should be addressed via a Motion to Compromise and/ or Settle under Rule 9019.
• Chapter 11 and 12 cases only: Requests for periodic payments to professionals via draws on retainer may be included in an Application to Employ or may be filed separately using the event, Motion to Establish Procedures for Interim Compensation.

Filing requirements

• The Application to Employ must always be filed in the legal case, not in a related adversary proceeding.
• The Application must describe the proposed terms of employment. If employment is to be at an hourly rate, the proposed hourly rates of all professionals who will work on the case must be provided. If employment is on a contingent fee basis, the percentages and triggering events must be disclosed.
• If the Application is to employ an auctioneer or liquidator, it must state whether or not the auctioneer/liquidator is bonded, and if so, give the name of the bonding company.
• A certificate of service must be included.
• A verified statement of the person to be employed must be filed setting forth the person's connections with the debtor, creditors, any other party in interest, their respective attorneys and accountants, the U.S. Trustee or any person employed in the office of the United States Trustee. Note that any connections with any party on the case must be disclosed, even if no conflict of interest arises. A person might have a connection to a party on the case but still be disinterested. For instance, if the person being employed is the debtor's uncle, that connection must still be disclosed even if the uncle has no financial connections with the debtor. The Statement may be included in the Motion or filed separately using Bankruptcy > Miscellaneous > Verified Statement re: Application to Employ.
• Filing party is responsible for uploading a proposed order.
• Chapter 11 and 12 cases only: A a 21-day objection notice must be included with the Application. The notice must contain the information required by S. D. Ind. B-2014-1.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Employ, Application 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

Note: The Motion and Verified Statement may be a single pdf file, or the Verified Statement may be added as an attachment by choosing the Yes radio button underneath the Browse button.

10. Enter name of person to be employed and select their position from the drop-down box. Choose the correct radio button to indicate whether you are also filing the Verified Statement, then click Next.

11. Chapter 11 cases only: Select the correct radio button regarding proposal to draw on retainer and 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. 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

15. Upload proposed order. The Order must include name of who is being employed and purpose (e.g. accountant, auctioneer etc.)

Official Procedure Last Change May 27, 2022

Application to Pay Filing Fees in Installments

General Information

• Installment fee cases may be filed under chapters 7, 11, 12, and 13 voluntary cases.
• Corporations cannot pay filing fees in installments.
• Per Local Rule, debtors must file the Application to Pay in Installments and fees per the currently approved schedule.
• Debtors may choose to pay more than the required amounts or pay the fees sooner, but they cannot pay less or take longer to pay, unless the Court orders otherwise.
• Pro se debtors may pay installment fees onlive via Pay.gov or mail payments to the Indianapolis Office. Attorneys must pay installment fees online via Pay.gov after creating an installment fee payment.
• If any installment of the filing fee has not been paid, the court may dismiss the case without further notice.
• If a case is dismissed for failure to make an installment payment, entire outstanding balance of the filing fee must be paid, not just the payment that was missed, before any request to reinstate the case will be considered.

Filing requirements

• Official Form B103A must be used.

• The Application must be signed by the debtor(s). Signature of the debtor's attorney alone is not sufficient.

• The Application must be filed as a separate event, not included with the Voluntary Petition.

• It is not necessary to upload a proposed order - the court will prepare one

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Pay Filing Fee in Installments, Application 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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, 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change April 30, 2010

Motion for Approval of Cash Management Systems

General Information

• A motion for approval of cash management systems is a close cousin to the motion for approval of investment guidelines.  A large company in Chapter 11 may have multiple accounts and arrangements for funds to be moved among accounts.  For example, a retailer with multiple stores may have an account for each store and arrange to have the funds swept from those accounts into a master account every night.  These cash management systems may technically violate 11 U.S.C. Section 345 and the United States Trustee’s requirement that debtors use authorized depositories. To be excused from complying with those requirements, the debtor may file this motion.
• The motion is on the list of first day motions in Chapter 11 cases contained in L.R. 9013-3(f).  If filed with the bankruptcy petition or within 2 business days of the filing of the petition, the motion will be set for hearing on an expedited basis without the filing of a motion for emergency/expedited hearing.

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must be included.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Approval Of Cash Management System (Bank Accounts/Business Forms), Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. If Motion is being filed within two business days of the filing of the Chapter 11 petition, you are asked if you are filing as a First Day Motion. Check the appropriate radio button and click Next.

11. 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.

12. 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.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Official Procedure Last Change December 27, 2019

Conversions/Reconversions

General Information

• Chapter 12 and 13 debtors must file a Notice of Conversion if seeking to convert to Chapter 7.  For any other conversion type, a Motion to Convert must be filed.
• Conversions cannot be filed if the case is dismissed. If seeking relief from a dismissal order, do not file a conversion until an order granting has been entered (i.e., case has been 'reinstated').
• If a conversion is filed on a joint case where one debtor is deceased, the case can still be converted as to both debtors. If a conversion is sought as to the surviving debtor only, a Motion to Terminate Joint Administration or Consolidation of Case or a Motion to Dismiss Party as to the deceased debtor must be filed and granted prior to the filing of the conversion.
• If an In Forma Pauperis case or a case where the court waived a portion of the filing fee is converted to Chapter 13, the Chapter 13 filing fee or balance thereof will become due. The Order Converting will fix the deadline for payment.

Filing requirements

• A conversion filing fee may be due. View current fees
• The conversion must be signed by the filing party.
• A Notice of Conversion must be titled as such, not as Motion to Convert, and vice versa.
• For both Motion to Convert and Notice of Conversion, a Certificate of Service is required.
• It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Conversion from chapter 12 or 13 to chapter 7:

    a.  Select Bankruptcy > Notices & Certifications.

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

    c.  Select Conversion to Chapter 7 by Ch 12/13 Debtor from the event list. Click Next.

Any other conversion:

    a.  Select Bankruptcy > Motions, Applications & Briefs.

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

    c.  Select Convert, Motion to from the event list.  Click Next.

3. Motions to Convert only: Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

4. Check box if jointly filing with another attorney. Click Next.

5. 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.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

7. Non Chapter 7 cases: If filing a Motion to Convert rather than a Notice of Conversion, a radio button appears asking for verification that the case is converting to a chapter other than Chapter 7. (If a debtor is seeking to convert to Chapter 7, he/she will need to file a Notice of Conversion, not a Motion to Convert.)  Select the relevant radio button and click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Conversion to Chapter 7: Fee amount due is displayed. Click Next.

Note: The conversion fee is waived for any motion to convert filed by a Chapter 13 trustee in a case to which that trustee has been assigned.        

    Conversion to any other chapter: Select the chapter case converting to and click Next. Any fees due will then be displayed.

10. Motions to Convert only: If you indicated in step 3 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, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 3 that the Motion you are filing is amended.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change September 7, 2017

Emergency Motions

See separate procedure for emergency motions to extend or impose automatic stay.

General Information

• Any Motion can be filed on an emergency basis, by selecting the correct option as shown below.
• If an emergency hearing and/or shortened notice time is being requested, a separate Motion for Expedited Hearing and/or Shortened Notice Time must be filed. It is not sufficient to simply include a request for a hearing or for shortened notice in the text of the emergency motion.
• Some Motion types are always considered emergency filings, such as Motions to Extend or Impose Automatic Stay when filed more than 10 days after the date the case was filed. In these instances, the word Emergency is added automatically to the docket text.

Step-by-Step Instructions

Docket the Motion using the instructions for the type of motion that you are filing, as outlined in the relevant page of this Procedures Manual. Do not indicate that the Motion is amended, since this will prevent you from later indicating that the Motion is emergency:

When you get to the Docket Text: Modify as Appropriate screen, select the Emergency option from the drop down list:

Selecting this option will send an automatic e-mail to Chambers to alert them that an emergency motion has been filed.

Official Procedure Last Change November 6, 2018

Exhibits

General Information

• Exhibits relating to motions and other documents already on the docket may be filed separately using this event.
• Hearing exhibits should be filed using the separate procedure.

Filing Requirements

If filing an exhibit related to a previously filed document, one of the following should be done:

• re-file the document as amended and include a copy of the exhibit, or
• attach a cover sheet to the exhibit with the case name, case number, and a reference to the previously filed document.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Exhibit Other (not for use with hearing exhibits) from the event list and click Next.

5. Select the No radio button when asked Is this an amended motion? then click Next.

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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. If you wish to relate this filing to another document already on the docket, check the Refer to existing event(s)? check box.

11. Click Next.

12. If you checked the box in step 10, click Next, then check the box next to the document to which your filing relates, then click Next.

13. Enter additional text, if desired, and/or select prefix text and click Next.

14. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change October 7, 2022

Motion Alleging Misjoinder or Non-joinder of Party

General Information

• This event is limited to motions filed pursuant to FRBP 7019 and/or 7021.

Filing requirements 

• The notice must be signed by the filing party.
• A certificate of service must be included.
• A proposed order must be uploaded

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

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

4. Select Alleging Misjoinder or Non-joinder of Party Pursuant to FRBP 7019/7021, Motion from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Add a new joined party (view instructions on adding a new party). After adding, select the new party and 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.

7. Browse to select the document to be filed (pdf file). Click Next.

9. Review final docket text. If correct, click Next.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change December 1, 2019

Motion for 2004 Examination

General Information

• Any party in interest can file a motion requesting to examine the debtor or any other entity. The allowable scope of examination is outlined in FRBP 2004.
• A motion for examination under FRBP 2004 may only be filed on a legal case. For adversary proceedings, refer to the procedures for discovery in adversary proceedings (FRBP 7026 onwards).

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must be included certifying that the Motion was served on the debtor or debtor's attorney, the party to be examined, the Trustee, and the US Trustee.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Examination Under FRBP 2004, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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, 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.

Official Procedure Last Change November 17, 2022

Motion for Abandonment & Relief from Stay

General Information

• If you are seeking to file a Motion for Relief from Stay without including a request for abandonment, see separate instructions for filing a Motion for Relief from Stay.
• Requests for relief from the co-debtor stay must be filed separately. See separate instructions for details.
• An Agreed Motion for Relief from Stay and Abandonment filed by two or more parties (which consist of debtor(s), trustee, or creditor) should be filed using the instructions below, choosing the Agreed option from the drop down list.  See more information on agreed motions  The Agreed Entry menu option should only be used when filing a resolution to a previously filed motion.
• The Bankruptcy Judges have determined that they will not include an award of attorney fees or expenses to the prevailing party when granting a motion for relief from stay and/or abandonment. Do not include language awarding such fees and expenses in any proposed orders when the Court is granting the relief requested. The Court will continue to award fees and expenses, as appropriate, when the request for relief is denied. This directive does NOT apply to agreements between the debtor and the creditor about stay relief, nor does it apply when the Judge denies relief from the stay. (See Clerks Notice dated August 14, 2008)

Filing requirements

• A Motion for Relief from Stay filing fee is due unless the Motion meets the requirements to be waived as prescribed by the Bankruptcy Court Miscellaneous Fee Schedule (e.g. the Motion is an Agreed Motion), or is a corrected motion.
• Use of the Court's sample form is encouraged.
• The Motion must be signed by the filing party or their attorney.
• The Motion  must specify:
  • The name of the creditor seeking Abandonment and Relief from Stay
  • A description of the property as to which stay relief is sought
  • The amount of principal and interest due as of the date of the motion
  • Documents upon which the movant relies to establish its lien or security interest (or incorporate by reference the movant’s proof of claim if documentation attached)
  • Evidence of perfection of the movant’s lien or security interest (or incorporate by reference the movant’s proof of claim if documentation attached)
  • If the case is pending under Chapter 13 and a post-petition default is alleged, a post-petition payment history

• A Certificate of Service must be included, certifying that the Motion was served on the debtor or debtor's attorney, trustee, the US Trustee and all creditors (or all claimants if the claims bar date has expired).
• Unless you are refusing to waive the 30- and 60-day hearing requirements,  a 14 day objection notice must be included with the Motion along with a Certificate of Service showing service of the Notice on all creditors. The Notice may be included in the body of the Motion or filed separately using the Abandonment & Relief from Stay Notice with Certificate of Service event.
• The Notice must specify:
  • A 14 day objection period from the date the Notice was served
  • The name of the creditor seeking Abandonment and Relief from Stay
  • A description of the affected property
  • The address of the Clerk's office to which any objections must be sent
• The notice must be signed by the filing party.
• A Certificate of Service must be included certifying that the Notice was served on the debtor or debtor's attorney, trustee, the US Trustee, and all creditors.
• A proposed order must be uploaded.

Step-by-Step Instructions

If filing a Corrected Motion for Abandonment and Relief from Stay, use the instructions below to avoid being charged a duplicate filing fee.

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Abandonment & Relief from Stay, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Select relevant radio button and click Next.

11. Fee information is displayed. Click Next.

12. A Notice is displayed. Click Next.

13. Indicate whether the notice is attached or will be filed separately. Click Next.

14. If you indicated that the notice is included, the objection deadline is automatically calculated and displayed. Click Next.

15. 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.

16. 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.

17. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

18. Upload proposed order.

Step-by-Step Instructions to file a Corrected Motion

These instructions should only be used when filing a correction to an already-filed Motion for Abandonment and Relief from Stay.

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Abandonment & Relief from Stay, Motion for (Corrected - Fee Previously Paid) from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. 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.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Click to select the Motion that your current filing is correcting and click Next.

10. If you are filing a corrected objection notice along with the corrected Motion, choose the Yes radio button, otherwise choose No. Click Next.

11. If you chose Yes in the step above, indicate whether the notice is attached or will be filed separately and click Next. If you indicated that the notice is included, enter service date and click Next.

12. Review ECF notice and enter receipt number from the original Motion (this is listed on the docket). Click Next.

13. If the Motion you are correcting was not filed electronically (i.e., you mailed or hand delivered it to the Court), you are asked if you wish to waive the hearing time limit requirement. Select the appropriate radio button and click Next.

14. Select prefix text, if applicable, and click Next. 

Note: Do not choose Amended - the docket text will automatically show that your current Motion is a correction to a previously filed one.

15. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

16. Upload proposed order if you have not already done so, or if you need to upload a corrected one.

Official Procedure Last Change February 2, 2016

Motion for Access to Tax Information

General Information

• This event is used when a party seeks to receive access to debtor's tax documents that have already been filed with the court in response to a request from either that party or another one.
• A case trustee is not required to file this motion since access to tax documents is automatically granted.
• Once the court has entered the order granting access, a copy of the documents is mailed to the party requesting. Electronic access to the documents is available only to the trustee, and clerk staff cannot print copies without the court order.

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• The Motion must state:
  • A description of the movant's status in the case (e.g. creditor).
  • A description of the specific tax information sought.
  • A statement indicating that the information cannot be obtained from any other source.
  • A statement showing a demonstrated need for the tax information.
• A Certificate of Service must be included.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Access to Tax Information, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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, 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.

Official Procedure Last Change December 1, 2019

Motion for Adequate Protection

General Information

• A Motion for Adequate Protection may be filed by a secured creditor seeking to protect the value of its collateral during the bankruptcy proceeding.
• If seeking approval of an agreement to provide adequate protection, the Approval of FRBP 4001(d) Agreement to Provide Adequate Protection, Motion for event must be used instead.

Filing requirements

• A Motion for Adequate Protection filing fee is due unless the Motion meets the requirements to be waived as prescribed by the Bankruptcy Court Miscellaneous Fee Schedule (e.g. the Motion is an Agreed Motion), or is an amended motion.
• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must be included.
• Unless you are refusing to waive the 30-day hearing requirement, a 14 day objection notice must be included with the Motion along with a Certificate of Service showing service of the Notice on all creditors. The Notice may be included in the body of the Motion or filed separately using the Adequate Protection Notice with Certificate of Service event. The Notice must specify:
  • A 14 day objection period from the date the Notice was served;

  • The name of the creditor seeking adequate protection;

  • A description of the affected property, and

  • The address of the Clerk's office to which any objections must be sent.

• The notice must be signed by the filing party

• A Certificate of Service must be included certifying that the Notice was served on the debtor or debtor's attorney, trustee, the US Trustee, and all creditors.

• If the moving party is represented by an attorney, an appearance must be filed as a separate event. This is not required for the debtor's attorney.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Adequate Protection, Motion for from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended, and whether you are filing an agreed motion seeking Court approval pursuant to FRBP 4001(d) (if so, the Approval of FRBP 4001(d) Agreement to Provide Adequate Protection, Motion for event must be used instead).

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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Review fee information. Click Next.

11. Indicate whether the notice is attached or included and click Next.

12. If you indicated that the notice is included, the objection deadline is automatically calculated and displayed. Click Next.

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. 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.

15. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

16. Upload proposed order.

Official Procedure Last Change October 5, 2015

Motion for Amended or Additional Findings Pursuant to FRBP 7052(b)

General Information

This event can be used no later than 28 days after the entry of a judgment to request that the court amend its findings - or make additional findings - and amend the judgment accordingly.

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must be included.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Amended or Additional Findings Pursuant to FRBP 7052(b), Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Select the Order to which the Motion relates and click Next.

11. 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.

12. 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.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Official Procedure Last Change April 30, 2010

Motion for Approval of Investment Guidelines Pursuant to Section 345

General Information

• 11 U.S.C. Section 345 requires generally that bankruptcy estate funds be held in accounts that are fully protected from loss, either because the funds are in government securities or because the financial institution has pledged government securities with the Federal Reserve sufficient to protect the amounts on deposit in estate accounts. The United States Trustee monitors the deposit of estate funds, and generally requires the use of 'authorized depositories' - banks that have agreed to pledge securities to the Federal Reserve whenever the United States Trustee requests.  Occasionally, a debtor operating under Chapter 11 with multiple bank accounts will want to retain those accounts even if the institution isn’t an authorized depository. (On very rare occasions, a trustee under any Chapter may seek this authority.)  The debtor will file a motion asking the Court’s blessing to deviate from the requirements of Section 345 and the United States Trustee.  
• This motion is on the list of first day motions in Chapter 11 cases contained in L.R. 9013-3(f).  If filed with the bankruptcy petition or within 2 business days of the filing of the petition, the motion will be set for hearing on an expedited basis without the filing of a motion for emergency/expedited hearing.

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must be included.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Approval of Investment Guidelines Pursuant to Sec.345, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. If Motion is being filed within two business days of the filing of the Chapter 11 petition, you are asked if you are filing as a First Day Motion. Check the appropriate radio button and click Next.

11. 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.

12. 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.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Official Procedure Last Change July 31, 2017

Motion for Approval pursuant to FRBP 4001(d)

General Information

This event is used on legal cases (not adversary proceedings) to seek court approval pursuant to FRBP 4001(d) of the following:

• Agreement to Provide Adequate Protection
• Agreement Prohibiting or Conditioning the Use/Sale/Lease of Property
• Agreement to Modify/Terminate Stay
• Agreement to Use Cash Collateral

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must be included.
• A 14-day objection notice must be included. The Notice may be included in the body of the Motion or filed separately using the FRBP 4001(d) Approval of Agreement Notice event.  
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select one of the following events from the event list and click Next:

• Approval of FRBP 4001(d) Agreement Concerning Use/Sale/Lease of Property, Motion for
• Approval of FRBP 4001(d) Agreement to Modify or Terminate Stay, Motion for
• Approval of FRBP 4001(d) Agreement to Provide Adequate Protection, Motion for
• Approval of FRBP 4001(d) Agreement to Use Cash Collateral, Motion for

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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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, 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

15. Upload proposed order. 

Official Procedure Last Change January 23, 2014

Motion for Authority

General Information

The Motion for Authority option can be used only when no other option is available in ECF. How do I know if there is a specific option available to use?  If you attempt to file a document using Motion for Authority where a more specific menu option is available, the Court may issue a Notice of Deficient Filing.

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must be included.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Authority, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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, if applicable. Enter in the text box a description of the motion - this will be placed after "Motion for Authority" in the final docket text. Example: Motion for Authority to Restrict Access to Reports. 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.

Official Procedure Last Change June 14, 2016

Motion for Authority to Pay Pre-Petition Claims of Alleged Critical Vendors

General Information

• A motion for authority to pay pre-petition claims of alleged critical vendors may be filed in the Chapter 11 case of an operating company.  (The motion would be rare in a Chapter 12 or Chapter 13 case, and highly unusual in a Chapter 7 case.) If the debtor wants to stay in business, it may need to continue receiving products or services from suppliers who are owed money pre-petition.  Without Court authority, the debtor cannot pay these pre-petition creditors before confirming a plan.  Therefore the debtor may file this motion.  No clear authority under the Bankruptcy Code exists for these motions, and under Seventh Circuit case law they are disfavored.  If any Code authority is cited, it is usually Section 105, which permits the Court to make orders necessary to carry out the Code.  
• This motion is on the list of first day motions in Chapter 11 cases contained in L.R. 9013-3(f).  If filed with the bankruptcy petition or within 2 business days of the filing of the petition, the motion will be set for hearing on an expedited basis without the filing of a motion for emergency/expedited hearing.

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must be included.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Authority to Pay Pre-Petition Claims of Alleged Critical Vendors, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. If Motion is being filed within two business days of the filing of the Chapter 11 petition, you are asked if you are filing as a First Day Motion. Check the appropriate radio button and click Next.

11. 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.

12. 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.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Official Procedure Last Change June 20, 2013

Motion for Case Management Order

General Information

This event is available for use on Chapter 11 cases only. It should not be used for the appointment of noticing, balloting or claims agents. There is a separate Motion to Retain Noticing, Balloting or Claims Agents event for that purpose.

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A separate motion must be filed for each entity being retained, if there is more than one.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Case Management Order, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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, 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.

Official Procedure Last Change June 7, 2014

Motion for Damages for Creditor Misconduct

General Information

This motion should only be used pursuant to 11 U.S.C. 524(i) or 707(b)(5). If neither of these code sections are applicable, a more appropriate event should be used such as Motion for Sanctions or Motion for Order of Contempt.

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must accompany the Motion.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Damages for Creditor Misconduct Pursuant to Sec. 524(i) or 707(b)(5), Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Select appropriate radio button to indicate under which section of the code the motion is being filed, and click Next.

Note: 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, 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.

Official Procedure Last Change September 18, 2017

Motion for Determination of Fees, Expenses or Charges

General Information

If a mortgage lender has filed a Notice of Fees, Expenses or Charges, the debtor or trustee should file a Motion for Determination of Fees, Expenses or Charges if they dispute the Notice and wish the Court to set a hearing in order to make a determination on the issue. If there is no claim on file relating to the mortgage in question, the Objection event should be used instead.

The motion (or objection) must be filed within one year after service of the Notice.

This event should not be used to file a challenge to a Notice of Payment change - the Motion to Determine Validity of Payment Change event must be used instead. 

Filing requirements

• A certificate of service must be included.
• Filing party is responsible for uploading a proposed order.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Determination of Fees, Expenses or Charges (Rule 3002.1), Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Click to select the claim to which the Motion relates and click Next.

11. 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.

12. 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.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Official Procedure Last Change October 27, 2014

Motion for Determination of Final Cure and Payment

General Information

This event is made available for use at the end of a Chapter 13 plan, as part of the process of determining whether or not a mortgage is current.

The trustee or debtor files a Notice of Final Cure Payment when they believe that a mortgage is current.

The mortgage holder is required to file a Response to Notice of Final Cure Payment within 21 days of service of the Notice, even if they do not dispute the Notice.

If the Notice is disputed, a Motion for Determination of Final Cure and Payment should be filed by the debtor or trustee if they wish to request that the Court set a hearing in order to make a determination on the status of the mortgage. It must be filed as a motion, not an objection. The Motion must be filed within 21 days after service of the Response.

Filing requirements

• A certificate of service must be included.
• Filing party is responsible for uploading a proposed order.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Determination of Final Cure and Payment (Rule 3002.1), Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Click to select the claim to which the Motion relates and click Next.

11. 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.

12. 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.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Official Procedure Last Change June 29, 2010

Motion for Entry of Bridge Order

General Information

A Motion for Entry of Bridge Order is generally filed in Chapter 11 cases to obtain interim relief pending the Court's consideration of or ruling on an issue.

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must be included.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Bridge Order, Motion for Entry of  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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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, 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.

Official Procedure Last Change June 19, 2017

Motion for Expedited Hearing and/or Shortened Notice Time

General Information

• Any Motion can be filed on an emergency basis by selecting the correct option as shown in the instructions for emergency motions.
• This motion is used to request a shorter objection period than that required by the Federal Rules of Bankruptcy Procedure or Local Rules, and/or an expedited hearing.
• If the pleading to which a request to shorten notice time relates is to be filed at the same time, do not include an objection notice until the Motion has been granted, at which time the Court will communicate further instructions.

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must accompany the Motion.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Expedited Hearing and/or Shortened Notice Time, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. At the category selection screen, click Next.

11. Select the document to which your request for shortened notice and/or expedited hearing relates, and 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. 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

15. Upload proposed order.

Official Procedure Last Change August 24, 2010

Motion for Extension of Time to File Transcript

General Information

Full information on the Appeals process

• Transcripts should be completed by the transcriptionist and filed within 30 days of the filing of the Request for Transcript.
• If the transcriptionist requires more time, they should alert the Court by phone call to the Courtroom Deputy.
• The Motion to Extend Time to File Transcript event in ECF should not be used. It is not necessary to file a written request for extension of time to file transcript with the court.

Official Procedure Last Change October 7, 2022

Motion for Joinder of Party Pursuant to FRBP 7020

General Information

• A request to join an adversary proceeding as a party plaintiff or defendnt shall be filed as a Motion for Joinder under FRBP 7020.

Filing requirements 

• The notice must be signed by the filing party.
• A certificate of service must be included.
• A proposed order must be uploaded

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

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

4. Select Joinder of Party Pursuant to FRBP 7020, Motion for from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Add a new joined party (view instructions on adding a new party). After adding, select the new party and 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.

7. Browse to select the document to be filed (pdf file). Click Next.

9. Review final docket text. If correct, click Next.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change August 27, 2024

Motion for Joint Administration

General Information

• A Motion for Joint Administration merely seeks to procedurally administer two or more cases together, in contrast to a Motion to Consolidate, which is a request to combine the assets and liabilities of two or more debtors. Jointly filed cases are already considered to be jointly administered.
• With exception to specific filings, when the Court orders the joint administration of two or more cases pursuant to Fed.R.Bankr.P. 1015, all documents and pleadings shall be captioned under the lead case name and number followed by the words "Jointly Administered." (unless otherwise ordered by the Court). The caption must also include the case name of any member cases that are individual (i.e. non-business) debtors.   View sample caption.  

Exceptions: The following documents must be filed in the specific case to which they relate and must indicate only that case name and number:

•     Voluntary petitions (included amended)
•     Adversary proceedings filed under Fed.R.Bankr.P. 7001(4) and (6)
•     Schedules, amended schedules
•     Statements of financial affairs (including amended)
•     Corporate ownership statements
•     Verifications of Creditor List
•     Chapter 11 and 12 plans
•     Disclosure statements
•     Proofs of claim
•     Pleadings related to claims, disclosure statements or plans (e.g. objections to same, appearances, Motion to Extend Time to File Miscellaneous Documents)
•     Motions to dismiss
•     Motion to Continue Hearing (if notice of hearing issued in member case)
•     Agreed Entries
•     Events related to Subchapter V cases: Notice of Completion of 1192 Payments; Objection to Small Business/Subchapter V Designation/Request for Determination; Statement of Small Business/Subchapter V Designation; Subchapter V Status Report Pursuant to 1188(c); Notice of Substantial Consummation of Subchapter V Plan.
•     Notice of Appeal and other appeal-related pleadings
•     Chapter 11 and 12 Debtor’s monthly operating reports
•     Motion to Extend Time to File Chapter 11/12 Plan, Obtain Confirmation and/or Extend Exclusivity
•     Ballot Report
•     US Trustee's Notice of Revocation of Appointment of Trustee
•     US Trustee's report: 341 Meeting Held/Not Held
•     341 Meeting Adjourned; 341 Meeting Continued
•     Trustee final reports and accounts and related notices
•     Application for Final Decree (Chapter 11 and 12 cases)

If you believe that a document not on the above list should be filed in a member case, contact Chambers.

• Pleadings in Jointly Administered Cases.  Unless otherwise ordered by the Court, documents and pleadings will be docketed and maintained on the lead case, with the exception of the documents listed above. Any pleadings already docketed before the order granting joint administration was entered, will not be transferred to the lead case. Any pleadings specifically addressing a member case will be filed on the lead case. All motions filed by non-debtor parties will have the option to select which debtor(s) the motion is specifically addressing within the motion event.
• Claims in Jointly Administered Cases. Separate claims registers will be maintained for each case, therefore proofs of claim should be docketed on the specific case to which the claim refers. Note that this is different from consolidated cases, in which assets are combined and one single claims register is maintained on the lead case. All claims are therefore filed on the lead case only.

Note:  Jointly administered cases maintain separate estates.  The assets and liabilities remain separate.  Creditors in one member case will not receive distribution of assets from another member case.  Joint administration eases the burden on attorneys and the Court from having to file the same motion or issue the same notice in two or more cases.

• Creditors in Jointly Administered Cases. Separate creditor lists will be maintained for each case. 
• Do not file a motion seeking a change in judge - the Clerk's Office will assign a new judge if needed.

Filing requirements

• The filing party is required to file Motion for Joint Administration in the lead case and all member cases.
• The Motion must:
  • identify all case names and numbers of cases
  • indicate the lead case
  • be signed by the filing party
• A proposed order must be uploaded into all member cases only.

Note: The order should clearly state the caption to be displayed on all future pleadings and instruct all future docketing will only take place in the lead case with the exception of proof of claims. Download a proposed order template

• A Certificate of Service must be included certifying that the Motion was served on the debtors or debtor's attorney, trustee,  US Trustee and all parties of interest.

Step-by-Step Instructions

Note:  A Motion for Joint Administration is filed in all related cases.

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Joint Administration, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Enter all case numbers to be  jointly administered. The current case number has been entered. Click Next. (Example: 10-1 and 10-2; or 10-1, 10-2 and 10-25) 

11. 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. 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

15. Upload proposed order.

Official Procedure Last Change May 5, 2017

Motion for Order of Contempt

General Information

This event may be used if a party has failed to comply with a previous order of the court, such as a violation of the discharge injunction.

The event should not be used by a debtor seeking damages only under Section 362(k) or violation of the automatic stay. The proper event for that situation is Motion for Sanctions. (Unlike the discharge, which is given by a specific order, the automatic stay arises by operation of law, so no specific court order has been violated.)

Filing requirements

• The Motion must be signed by the filing party.
• A Certificate of Service must accompany the Motion.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Contempt (including Violation of Discharge Injunction), Motion for Order of 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Select appropriate radio button to indicate under which section or rule the motion is being filed and click Next.

11. 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.

12. 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.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Official Procedure Last Change October 13, 2017

Motion for Proceedings Supplemental

General Information

• A Motion for Proceedings Supplemental can be filed by a trustee or debtor who wishes to enforce a money judgment for the benefit of the estate. It cannot be filed by a creditor.
• Examples of when a Motion for Proceedings Supplemental might be filed:
  • Where the Trustee or Debtor as the plaintiff in an adversary proceeding has obtained a judgment such as on a fraudulent transfer or preference action.
  • In a bankruptcy case, where the Trustee had already obtained an order for turnover.
• It is not necessary to move to reopen either the legal case or adversary in order to file a Motion for Proceedings Supplemental, as this is considered an administrative matter.

Filing requirements

• The Motion must be signed by the filing party.
• A certificate of service must be included.
• Filing party is responsible for uploading a proposed order.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Proceedings Supplemental, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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, 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.

Official Procedure Last Change June 14, 2021

Motion for Protective Order

General Information

This event is used primarily for the purpose of limiting or restricting discovery. It may also be used to hide a document from public view pursuant to 11 U.S.C. Section 107 if the document contains, for instance, trade secrets or defamatory information. To remove a document from public view because it contains personal identifiers, the Motion to Redact Previously Filed Document event should be used instead.

If a Motion for Protective Order that relates to a document previously entered on the docket is granted, the Court will restrict access to the document named in the Motion, although the associated docket entry will remain visible to all users. The filer of the document to be hidden will need to file an amended version of that document with the personal identifiers removed.

Filing requirements

• The Motion must be signed by the filing party.
• A certificate of service must be included.
• A proposed order must be uploaded, which should not contain signatures of counsel.
• If wishing to file a motion for protective order on a closed case, it is not necessary to file a motion to reopen, or to pay a reopening fee. The motion will be processed by the court even though the case is closed.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Protective Order, Motion for 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, or cannot be selected, view instructions on adding a 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 regarding use of the correct event. Click Next.

10. Browse to attach the document to be filed (pdf file). Click Next.

11. Select appropriate radio button and click Next.

• If you selected Yes (to indicate that you are seeking to hide a claim), a list of all claims filed on the case is displayed. Click on the claim that you are seeking to hide, then click on the Next button at the bottom of the page (you may need to scroll down to see this button). Note: If you have already filed an amended claim, this is the claim that will appear in the list. Select that amended claim - when the Court removes the document, they will ensure that the original claim, not the amended claim, is removed.
• If you selected No (to indicate that you are seeking to hide any other type of document), you are asked under which rule/code section you are filing. Select the appropriate radio button, then click Next. Check the box next to the document which your Motion seeks to hide and 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. 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change March 10, 2022

Motion for Refund of Court Fees

General Information

If a party has incurred a filing fee due to a mistake in filing, such as by inadvertently filing a new bankruptcy case twice or by filing a pleading that incurs a fee on the wrong case, a Motion for Refund of Court Fees must be filed in order to obtain a refund of that fee. The fee is not refunded automatically, even if the party has withdrawn the erroneous pleading or filed a Motion to Dismiss the duplicate new bankruptcy case.

If a fee was paid using pay.gov and the Clerk determines the fee was not owed or was paid more than once, then the Clerk's Office may issue the refund without a court order. If that occurs, the court will enter an order that the motion has been rendered moot by the Clerk's actions. 

Filing Requirements

• The Motion must be signed by the filing party.
• The Motion must include the following:
  • Name of the party requesting the refund;
  • Date and receipt number of the payment, and the amount of the overpayment;
  • If payment was originally made over the counter by check, money order or debit card, the mailing address of the payee requesting the refund.
• A Certificate of Service is not required.
• It is not necessary to upload a proposed order - the court will prepare one.
• If the money being refunded was paid to the court by check, money order or debit card, Form AO 213P must be mailed to the Indianapolis Clerk's Office but must not be docketed.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs. For limited users, select Bankruptcy > Limited Users.

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

4. Select Refund of Court Fees, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. At the category selection screen, click Next.

11. Check the box next to the pleading for which you are seeking a refund and click Next.

12. Enter dollar amount of the refund you are seeking and the person to whom the refund should be paid. (Do not enter the dollar sign - just type the numbers only.)

13. If you indicated in step 5 that you are filing an Amended Motion for Refund, all pending motions on the docket are displayed. Click the box next to the Motion for Refund that you are amending. 

14. 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 final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change December 1, 2019

Motion for Relief from Co-Debtor Stay

General Information

• The Code does not impose an automatic stay on actions against co-debtors in Chapter 7 and Chapter 11 cases.
• Relief from Co-Debtor Stay may not be combined with a Motion for Relief from Stay or Abandonment and Relief from Stay. Such a request for additional relief must be filed as a separate pleading. See the procedures on Motion for Relief from Stay and Motion for Abandonment and Relief from Stay

Filing requirements

• No filing fee is required.
• Use of the Court's sample form is encouraged.
• The Motion must be signed by the filing party or their attorney.
• The Motion  must specify:
  • The name of the Co-Debtor
  • The name of the creditor seeking Relief from Co-Debtor Stay
  • A description of the property as to which stay relief is sought
  • The amount of principal and interest due as of the date of the motion
  • Documents upon which the movant relies to establish its lien or security interest (or incorporate by reference the movant’s proof of claim if documentation attached)
  • Evidence of perfection of the movant’s lien or security interest (or incorporate by reference the movant’s proof of claim if documentation attached)
  • If the case is pending under Chapter 13 and a post-petition default is alleged, a post-petition payment history

• A Certificate of Service must be filed with proof of service to Co-Debtor with complete address along with service to debtor, debtor’s attorney, trustee, US Trustee and parties that have entered an appearance.
• A 14 day objection notice must be included with the Motion along with a Certificate of Service showing service of the Notice on the debtor or debtor's attorney, trustee, co-debtor and the US Trustee. The Notice may be included in the body of the Motion or filed separately using the Relief from Co-Debtor Stay Notice with Certificate of Service event.
• The Notice must specify:
  • A 14 day objection period from the date the Notice was served
  • The name of the creditor seeking Relief from Stay and co-debtor
  • A description of the affected property
  • The address of the Clerk's office to which any objections must be sent
• The notice must be signed by the filing
• A Certificate of Service must be included certifying that the Notice was served on the debtor or debtor's attorney, trustee, the US Trustee, and co-debtor with complete address.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Relief from Co-Debtor Stay, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Enter Co-Debtor name. 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, the 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. 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.

15. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

16. Upload proposed order.

From what order is the Motion seeking relief?

• An order dismissing case (the Motion is asking to "reinstate" the case)
• An order of no discharge
• Any other order or judgment type

Official Procedure Last Change March 25, 2022

Motion for Relief from Stay

General Information

• If you are seeking to file a Motion for Relief from Stay including a request for abandonment, see separate instructions for filing a Motion for Abandonment and Relief from Stay.
• Requests for relief from the co-debtor stay must be filed separately. See separate instructions for details.
• An Agreed Motion for Relief from Stay filed by two or more parties (which consist of debtor(s), trustee, or creditor) should be filed using the instructions below, choosing the Agreed option from the drop down list.  See more information on agreed motions  The Agreed Entry menu option should only be used when filing a resolution to a previously filed motion.
• The Bankruptcy Judges have determined that they will not include an award of attorney fees or expenses to the prevailing party when granting a motion for relief from stay and/or abandonment. Do not include language awarding such fees and expenses in any proposed orders when the Court is granting the relief requested. The Court will continue to award fees and expenses, as appropriate, when the request for relief is denied. This directive does NOT apply to agreements between the debtor and the creditor about stay relief, nor does it apply when the Judge denies relief from the stay. (See Clerks Notice dated August 14, 2008)

Filing requirements

• A Motion for Relief from Stay filing fee is due unless the Motion meets the requirements to be waived as prescribed by the Bankruptcy Court Miscellaneous Fee Schedule (e.g. the Motion is an Agreed Motion), or is a corrected motion.
• Use of the Court's sample form is encouraged.
• The Motion must be signed by the filing party or their attorney.
• The Motion  must specify:
  • The name of the creditor seeking Relief from Stay
  • A description of the property as to which stay relief is sought
  • The amount of principal and interest due as of the date of the motion
  • Documents upon which the movant relies to establish its lien or security interest (or incorporate by reference the movant’s proof of claim if documentation attached)
  • Evidence of perfection of the movant’s lien or security interest (or incorporate by reference the movant’s proof of claim if documentation attached)
  • If the case is pending under Chapter 13 and a post-petition default is alleged, a post-petition payment history

• A Certificate of Service must be included certifying that the Motion was served on the debtor or debtor's attorney, trustee and the US Trustee.
• Unless you are refusing to waive the 30- and 60-day hearing requirements or the Motion is agreed and has been signed by all affected parties, a 14 day objection notice must be included with the Motion along with a Certificate of Service showing service of the Notice on the debtor or debtor's attorney, trustee and the US Trustee. The Notice may be included in the body of the Motion or filed separately using the Relief from Stay Notice with Certificate of Service event.
• The Notice must specify:
  • A 14 day objection period from the date the Notice was served
  • The name of the creditor seeking Relief from Stay
  • A description of the affected property
  • The address of the Clerk's office to which any objections must be sent
• The notice must be signed by the filing party.
• A Certificate of Service must be included certifying that the Notice was served on the debtor or debtor's attorney, trustee, and the US Trustee.
• A proposed order must be uploaded.

Step-by-Step Instructions

If filing a Corrected Motion for Relief from Stay, use the instructions below to avoid being charged a duplicate filing fee.

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Relief from Stay, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Select relevant radio button and click Next.

11. Fee information is displayed. Click Next.

12. A Notice is displayed. Click Next.

13. Indicate whether the notice is attached or will be filed separately. Click Next.

14. If you indicated that the notice is included, the objection deadline is automatically calculated and displayed. Click Next.

15. 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.

16. 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.

17. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

18. Upload proposed order.

Step-by-Step Instructions to file a Corrected Motion

These instructions should only be used when filing a correction to an already-filed Motion for Relief from Stay.

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Relief from Stay, Motion for (Corrected - Fee Previously Paid) from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. 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.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Click to select the Motion that your current filing is correcting and click Next.

10. If you are filing a corrected objection notice along with the corrected Motion, choose the Yes radio button, otherwise choose No. Click Next.

11. If you chose Yes in the step above, indicate whether the notice is attached or will be filed separately and click Next. If you indicated that the notice is included, enter service date and click Next.

12. Review ECF notice and enter receipt number from the original Motion (this is listed on the docket). Click Next.

13. If the Motion you are correcting was not filed electronically (i.e., you mailed or hand delivered it to the Court), you are asked if you wish to waive the hearing time limit requirement. Select the appropriate radio button and click Next.

14. Select prefix text, if applicable, and click Next. 

Note: Do not choose Amended - the docket text will automatically show that your current Motion is a correction to a previously filed one.

15. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

16. Upload proposed order if you have not already done so, or if you need to upload a corrected one.

Official Procedure Last Change June 7, 2014

Motion for Sanctions   

General Information

This event can be used when a party seeks damages from another for matters arising during the case, such as:

• Attorney misconduct
• Violation of the automatic stay
• Violation of the automatic stay coupled with violation of the discharge injunction, if the actions complained of in the motion are alleged to have violated both Section 362 and 524. For actions that are alleged to have violated only the discharge injunction, use Motion for Order of Contempt.
• Counsel's liability for excessive costs.

Filing requirements

• The Motion must be signed by the filing party.
• A Certificate of Service must accompany the Motion.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Sanctions, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the Motion (pdf file). Click Next.

10. Select appropriate radio button to indicate under which section or rule the motion is being filed and click Next.

11. If you indicated in step 6 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.

12. 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.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Official Procedure Last Change February 1, 2021

Motion for Turnover

General Information

• A Motion for Turnover can only be used by trustees or debtors, and only if seeking turnover from the debtor, debtor's attorney, or custodian. All other turnovers must be filed as adversary proceedings.
• Motions for Turnover and proposed orders on same should not contain personal identifiers, pursuant to FRBP 9037. This includes account numbers - only the last four digits of these should be shown.

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
• A 21-day objection notice must be included with the motion if filed by the trustee. The Notice may be included in the body of the Motion or filed separately using the Turnover Notice with Certificate of Service event.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Turnover, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Indicate whether the notice is attached or will be filed separately. Click Next.

11. If you indicated that the notice is included, the objection deadline is automatically 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

15. Upload proposed order.

Official Procedure Last Change April 30, 2010

Motion for Use of Cash Collateral

General Information

A motion to use cash collateral arises most frequently in a Chapter 11 case.  "Cash collateral" is defined in 11 U.S.C. 363(a) as property on which one or more creditors has a lien. Before using that cash collateral, the debtor is supposed to get Court approval.  The motion is filed by the debtor or by the debtor jointly with one or more creditors.  See also Fed.R.Bankr.P. 4001(b), which discusses the required contents of the motion and service - both of which are enforced, if at all, by the Judge or by other parties to the case.  If the motion is joint and the result of an agreement concerning use, then Fed.R.Bankr.P. 4001(d) applies.

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must be included.
• A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Cash Collateral, Motion for Use of 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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, 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.

Official Procedure Last Change December 1, 2019

Motion Objecting to Discharge

General Information

• A Motion Objecting to Discharge may be filed if a party seeks to have the debtor's discharge denied because the debtor received a discharge in a previous filing and has not waited long enough before filing the new case (see chart). If seeking to have the debtor's discharge denied for any other reason, it must be done by filing an adversary proceeding.
• Motions Objecting to Discharge may be filed in Chapter 7 and Chapter 13 cases by any party on the case.
• Once the Motion has been filed, the Court will issue a 21-day objection notice. An Order Granting Motion Objecting to Discharge may be entered without the need for a hearing if no objections are filed.
• The deadline to file a Motion Objecting to Discharge is 60 days from the first date set for the 341 Meeting of Creditors.   

Filing requirements

• Motion must be signed by the filing party.
• The Motion must contain a Certificate of Service.
• It is not necessary to upload a proposed order - the court will prepare one.
• There is no filing fee for a Motion Objecting to Discharge. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Objecting to Discharge, Motion 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. If filing on a joint case, you are asked which debtor's discharge is being objected to. Select the appropriate option from the drop down list and click Next.

11. Deadline date is calculated and 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. 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change February 20, 2018

Motion Requesting Temporary or Permanent Waiver of Credit Counseling Requirement

General Information

• Per 11 USC 521(b), an individual debtor shall file a certificate from an approved non-profit  budget and credit counseling agent that provided the debtor services under section 109(h) describing the services provided to the debtor.
• Debtor should have received an individual or group briefing from an approved nonprofit budget counseling  agency described in section 111(a) within the 180 days preceding the date of filing of the petition.
• If the debtor indicates in the Voluntary Petition that he or she was unable to obtain credit counseling in the 180 days before filing bankruptcy, a Motion for Temporary Waiver should be filed as a separate docket entry, stating the reasons why credit counseling could not be obtained prior to filing.
• If the debtor is unable to complete the credit counseling because of incapacity, disability, or active military duty in a military combat zone, a Motion for Permanent Waiver should be filed instead.

Filing requirements

• The use of the court's sample form is recommended:

Motion for Temporary Waiver

Motion for Permanent Waiver

• The Motion must be signed by either the debtor or debtor's attorney.
• A Certificate of Service must be included.
• It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Credit Counseling, Motion Requesting Temporary or Permanent Waiver of 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Click the relevant option (temporary or permanent) and click Next.

11. 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.

12. 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.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change January 20, 2023

Motion Requesting Waiver of Personal Financial Management Course Requirement

General Information

If a debtor wishes to request a waiver of the Financial Management course requirement due to incapacity or disability per 11 USC Sec 109(h), active military duty in a military combat zone, or some other reason, a motion requesting waiver must first be filed using the instructions below.

Form 423 is not required if the wavier has been granted.

See information on special requirements for deceased debtors

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must be included.
• It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Financial Management Course Requirement, Motion Requesting Waiver of Personal 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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, 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change February 2, 2016

Motion Requiring Debtor to File Tax Returns/Deposit Books and Records

General Information

A Motion Requiring Debtor to File Tax Returns/Deposit Books and Records may be filed when the trustee or other party seeks a court order requiring the debtor to file (or give to the trustee) tax returns.

Once the court has entered the order granting and the debtor has filed the tax documents with the court, a party wishing to view the documents must file a Motion for Access to Tax Information. (The trustee is not required to do this - access to tax documents is automatically granted.) Once the court has entered the order granting access, a copy of the documents is mailed to the party requesting. Electronic access to the documents is available only to the trustee, and clerk staff cannot print copies without the court order.

Filing requirements

• The Motion must be signed by the filing party or their attorney.
• A Certificate of Service must be included.
• A proposed order may be uploaded. Trustees are encouraged to provide in the order that the debtors either file any return using the Tax Documents event OR deliver the return to the trustee. If no order is uploaded, the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select File Tax Returns/Deposit Books and Records, Motion Requiring Debtor 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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, 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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change November 17, 2022

Motion to Abandon

General Information

• If you are seeking to file a Motion for Relief from Stay along with the request for abandonment, see separate instructions for filing a Motion for Abandonment and Relief from Stay.
• An Agreed Motion to Abandon filed by two or more parties (which consist of debtor(s), trustee, or creditor) should be filed using the instructions below, choosing the Agreed option from the drop down list.  See more information on agreed motions  The Agreed Entry menu option should only be used when filing a resolution to a previously filed motion.

Filing requirements

• A Motion for Abandonment filing fee is due unless the Motion meets the requirements to be waived as prescribed by the Bankruptcy Court Miscellaneous Fee Schedule (e.g. the Motion is an Agreed Motion), or is a corrected motion.
• The Motion must be signed by the filing party or their attorney.
• The Motion  must specify:
  • The name of the creditor seeking Abandonment
  • A description of the affected property
• A Certificate of Service must be included, certifying that the Motion was served on the debtor or debtor's attorney, trustee, the US Trustee and all creditors (or all claimants if the claims bar date has expired).
• A 14 day objection notice must be included with the Motion along with a Certificate of Service showing service of the Notice on all creditors. The Notice may be included in the body of the Motion or filed separately using the Abandonment Notice with Certificate of Service event. Use of the Court's form is encouraged:
  • Sample form for Trustee or Debtor-In-Possession
  • Sample form for Creditor
• The Notice must specify:
  • A 14 day objection period from the date the Notice was served
  • The name of the creditor seeking Abandonment
  • A description of the affected property
  • The address of the Clerk's office to which any objections must be sent
• The notice must be signed by the filing party.
• A Certificate of Service must be included certifying that the Notice was served on the debtor or debtor's attorney, trustee, the US Trustee, and all creditors.
• A proposed order must be uploaded.

Step-by-Step Instructions

If filing a Corrected Motion to Abandon, use the instructions below to avoid being charged a duplicate filing fee.

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Abandon, 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Fee information is displayed. Click Next.

11. A Notice is displayed. Click Next.

12. Indicate whether the notice is attached or will be filed separately. Click Next.

13. If you indicated that the notice is included, the objection deadline is automatically 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.