Miscellaneous

Affidavit

Official Procedure Last Change June 23, 2020

Affidavit

How to file:

Location of event: Bankruptcy > Miscellaneous > Affidavit

  • 28 USC 1746

General Information

  • This event may be used in the following circumstances:
    • related to an Application for Entry of Default by Clerk in an adversary proceeding;
    • by a Chapter 11 debtor in possession stating that there are insufficient funds in the estate to pay the adversary filing fee;
    • related to a Motion to Extend or Impose Stay;
    • related to an Application to Employ;
    • any time a local or national rule requires the support of an affidavit.
  • This event should not be used for the following, since they have their own events:
  • This event may also be used to file an unsworn Declaration.

Filing Requirements

  • The Affidavit must:
    • state that it is made “under penalty of perjury” or be notarized;
    • state that the statements made are ‘true and correct”;
    • state the date of execution, and
    • be signed by the affiant or declarant.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Affidavit (note that you have to actually click it, even if it is already highlighted) 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. Add additional text if needed. This will be added after the word Affidavit in the final docket text. E.g. Affidavit of no connections.

10. If the Affidavit relates to a pleading already on the docket, check the Refer to existing event(s)? box, click Next, then Next at the category selection screen. Select the document to which the Affidavit relates.

11. Click Next.

12. Final docket text is displayed. Click Next.

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.

Agreed Entry Resolving an Issue

Official Procedure Last Change March 2, 2021

Agreed Entry Resolving an Issue

How to file:

Location of event: Bankruptcy > Miscellaneous > Agreed Entry Resolving an Issue

General Information

Filing requirements

  • An Agreed Entry submitted to the court must not contain language referencing the Agreed Entry 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 Entries 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.
  • All other parties to the agreement must sign the document.
  • A proposed Order Approving can be uploaded, if desired. Otherwise, the Court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Agreed Entry Resolving an Issue 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. At the category selection screen, click Next.

10. Check the box next to the objection (or other previous issue) the Agreed Entry is resolving and click Next.

11. Enter description of the issue being resolved in the text box and click Next. Text you enter here will be added to the final docket text, thus: "Agreed Entry Resolving {your text goes here}"

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

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 a proposed order, if desired. If not done, the Court will prepare an order.

Amended Creditor Upload

Official Procedure Last Change February  14, 2021

Amended Creditor Upload

How to file:

Location of event: Bankruptcy > MiscellaneousCreditor Upload-Amended

Things to be aware of when filing: This event should not be used to file amended schedules.

General Information

  • This event is available for use by debtors who have uploaded creditors to a case, for example when filing a bankruptcy petition, and later discover that one or more creditors were inadvertently omitted in the upload process. The event allows the missing creditors to be uploaded.
  • The event should not be used for adding creditors to schedules - the Amended Schedules event should be used for that purpose.
  • A PDF document is not required, but one may be attached if appropriate, for example, to include a certificate of service of some document on the creditors newly uploaded.

Filing requirements

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Creditor Upload-Amended 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. Indicate which, if any, documents are to be attached as a PDF document, and click Next.

9. If you indicated that a document is to be attached, browse to attach the it (pdf file). Click Next.

10. Click Next at the message screen.

11. Enter creditors in large text box or browse to upload creditor list file. Click Next.

12. Final docket text is displayed. Click Next to continue.

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.

Certificate of Service

Official Procedure Last Change March 3, 2014

Certificate of Service

How to file:

Location of event: Bankruptcy > Miscellaneous > Certificate of Service

Things to be aware of when filing: This event should not be used to certify service of a summons for an adversary proceeding or an involuntary case. See separate procedures for:  Service of Adversary Summons   Involuntary Summons Certificate of Service

General Information

A filing party is required to show to the Court that proper service was made on all parties of interest to the pleading being filed.  View instructions for determining who will receive electronic notice of your filing, and how to generate mailing labels via ECF  View instructions on proper service of pleadings in contested matters
 
The court may refuse consideration of or strike any pleading or paper for which a certificate of service has not been filed or which lacks the information listed below.

Filing requirements

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Certificate of Service 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. At the category selection screen, click Next.

10. Select the document to which the Certificate of Service relates then click Next.
 
11. Radio buttons may appear, depending on what type of document you related the Certificate of Service to. If so, select the appropriate radio button and click Next.

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

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.

Create Installment Fee Payment

Create Installment Fee Payment

General Information

  • This event allows an attorney to create an installment fee in ECF
  • Installment fees can be created on cases where an Application to Pay Filing Fee in Installments has been granted and when an Application to Waive a Chapter 7 Filing Fee has been granted as to installment payments.
  • The fee must be paid via Pay.gov and if not paid by the end of the business day, the ECF account will be locked.

 

Step-by-Step Instructions

1. Select Bankruptcy > Miscellaneous

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

3. Select Installment Fee Payments from the event list and click Next.

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. Enter the amount being paid today and click Next.

8. Final docket text is displayed. Click Next.

9. 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. The fee due can now be paid along with any other unpaid filing fees in the usual way.

10. Pay the filing fee via Pay.gov

Debtor Electronic Bankruptcy Noticing (DeBN)

Official Procedure Last Change December 1, 2022

Debtor Electronic Bankruptcy Noticing (DeBN)

How to file:

Location of event: Bankruptcy > Miscellaneous > Electronic Noticing Request for Debtors

 

General Information

This free arrangement enables debtors, both pro se and non-pro se, to receive via e-mail Court notices and orders that are normally sent to them via US Mail. It does not make debtors electronic filers, nor entitle them to receive more than they would receive were they not signed up for the service.

Advantages to debtors include:

  • Debtors receive their documents more quickly, and at the same time their attorney does.
  • Electronic documents may be less likely to be misplaced over the years.

To sign up for DeBN

  • The debtor must complete and file a Debtor’s Electronic Noticing Request form.
  • If both debtors in a joint case wish to receive e-mailed orders and court-generated notices, each debtor must file a separate form.
  • Once a DeBN request has been filed, the DeBN account will automatically activate within 48 hours.
  • Debtors can file DeBN activation forms at any divisional office of the court or their attorney can file it electronically for them.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Electronic Noticing Request for Debtors 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 debtor from the party list and click Next.

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

9. Final docket text is displayed. Click Next.

10. 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.

Declaration Regarding Untimely Filing due to Technical Difficulties

Official Procedure Last Change October 29, 2019

Declaration Regarding Untimely Filing due to Technical Difficulties

How to file:

Location of event: Bankruptcy > Miscellaneous > Declaration Regarding Untimely Filing (Technical Difficulties)

General Information

  • Parties are encouraged to file documents electronically during normal business hours in case a problem is encountered. If a technical failure occurs and a document cannot be filed electronically, despite the best efforts of the filing party, the e-filer should print (if possible) a copy of the error message received. In addition, as soon as practically possible, the e-filer should file a Declaration that Party was Unable to File in a Timely Manner Due to Technical Difficulties.
  • If a party misses a filing deadline as a result of a technical failure, the filing party must contact the Clerk's Office to inform the Clerk's staff of the difficulty. If problems persist, the party may submit non-electronically the untimely filed document, accompanied by the Declaration, which should have the original ("wet") signature of the e-filer. If electronic filing has become possible after the missed deadline, then the e-filer should electronically submit the Declaration using the steps outlined below and then file the untimely filed document electronically. The document and Declaration must be filed no later than 12:00 p.m. of the first day on which the Court is open for business following the original filing deadline that was missed.

Filing Requirements

  • Use of the sample form is encouraged.
  • Declaration must be signed by the filing party.  An electronic signature( /s/ ) is not acceptable if the Declaration is not being filed electronically.
  • Untimely pleadings must accompany the declaration.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Declaration Regarding Untimely Filing (Technical Difficulties) 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. Final docket text is displayed. Click Next.

10. 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.

11. File the pleading to which the Declaration refers using the appropriate event.

Filing a Miscellaneous Proceeding

Official Procedure Last Change July 7, 2022

Filing a Miscellaneous Proceeding

How to file:

Consult with the Clerk's Office before attempting to file a miscellaneous proceeding. If a miscellaneous proceeding is needed, it cannot be filed electronically. The document will need to be mailed or hand delivered to the Clerk's office. The miscellaneous case will then be opened by the Clerk's office.

General Information

A miscellaneous case is opened whenever a proceeding needs to be filed within this court, but either does not relate to any bankruptcy case or adversary proceeding filed in the Southern District of Indiana, or relates to multiple cases.

Examples:

Step-by-Step Instructions

1. The filing attorney, who must be a registered ECF user, contacts the Clerk's office about file preparation details.

2. The filing attorney delivers Miscellaneous Case paperwork with wet signature and filing fee to the Clerk's office. (Filing fee is not required if the miscellaneous case is being opened as part of the attorney surrogacy process.)

3. The Clerk's office will open a miscellaneous case. Once this is done, a Notice of Electronic Filing is automatically sent to the filing party, which contains the case number. (Miscellaneous cases always begin with 56 after the hyphen, e.g. 15-56001)

4. The filing attorney electronically files an appearance and any other documents needed in the miscellaneous case. (Appearance is not required if the miscellaneous case is being opened as part of the attorney surrogacy process.)

5. The Clerk's office will docket the Filing any document not in a case filing fee, if due. View current fees

6. Once the fee (if required) has been docketed by the Clerk's office, it may be paid online via pay.gov. Once this is done and any needed order has been entered, the Clerk's office completes the processing of the miscellaneous case.

Hearing Exhibits

Official Procedure Last Change April 12, 2013

Hearing Exhibits

How to file:

Location of event: Bankruptcy > Miscellaneous > Exhibit - Hearing or Bankruptcy > Miscellaneous > Exhibit List

Things to be aware of when filing: This procedure is currently used only for selected cases heard in the New Albany division.

 

General Information

  • Any exhibits to be presented at a hearing must be filed on the case beforehand.
  • An Exhibit List must also be filed once all the individual exhibits are on the docket.

Filing requirements

  • It is not required that exhibits or the Exhibit List be signed.
  • The Exhibit List must show the correct case name and number.
  • Each exhibit listed on the Exhibit List must have already been filed on the case via ECF. The document number assigned by ECF (as shown on the docket of the case) must be stated on the Exhibit List for each exhibit included in that list.

Step-by-Step Instructions to File an Exhibit

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Exhibit - Hearing 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. A list of all hearing notices, along with any other documents that set a hearing (such as Orders Continuing Hearing), is displayed. Locate the most recent document that set the hearing for which you are filing the exhibit and click Next.

10. Enter a short description of the exhibit in the text box (e.g. payment history) and click Next (the description you enter here will automatically be added to the final docket text).

11. Final docket text is displayed. Click Next.

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.

Step-by-Step Instructions to File the Exhibit List

Note: This should only be filed after all exhibits have been filed using the above steps.

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Exhibit List 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. Select appropriate radio button and click Next.

10. A list of all hearing notices, along with any other documents that set a hearing (such as Orders Continuing Hearing), is displayed. Locate the most recent document that set the hearing for which you are filing the exhibit list and click Next.
 
11. Final docket text is displayed. Click Next.

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.

Issuing a Subpoena

Official Procedure Last Change June 25, 2018

B2540 Subpoena for Rule 2004 Examination

B2550 Subpoena to Appear and Testify at a Hearing or Trial

B2560 Subpoena to Testify at a Deposition

B2570 Subpoena to Produce Documents, Information or Objects or to Permit Inspection of Premises

  • FRCP 45 made applicable by FRBP 9016
  • Official Forms B2540, B2550, B2560, B2570

General Information

  • A subpoena is a tool to aid in discovery and to compel presentation of witnesses in a trial.
  • The court in which the matter is pending issues the subpoena, no matter what type of action is commanded by the subpoena.
  • The clerk must issue a subpoena, signed but otherwise blank, to a party who requests it.
  • The clerk is not involved in service of a subpoena.

Subpoena Requests from an Attorney

  • An attorney may sign and issue a subpoena as an officer of a court if the attorney is authorized to practice in the court where the matter is pending.
  • The Clerk’s Office will provide signed subpoenas to requesting counsel but counsel should be encouraged to proceed without involvement of the clerk’s office.
  • If necessary, the Deputy Clerk may attach their electronic signature (/s/) to a blank subpoena and email the PDF file to the requesting counsel.

Subpoena Requests from Pro Se Party

  • A pro se party wishing to request a signed subpoena from the Clerk's office must do so in person, at the counter.
  • The Deputy Clerk must print hard copies of the desired subpoena form and hand to the requesting party with a wet signature.

Request for Subpoena for 2004 examination

When a subpoena is issued by another court and must be served on a party in the Southern District of Indiana:

  • The attorney must send the subpoena along with the order authorizing the 2004 examination and the fee to open a miscellaneous proceeding. View current fees
  • The Clerk's Office will open a miscellaneous proceeding and filemark the subpoena, which will be returned to the attorney for service.

Service of Subpoena by an Attorney or Pro Se Party

  • A subpoena may be served anywhere within the United States by anyone at least 18 years old and who is not a party.
  • The clerk is not involved in service of a subpoena. 
  • A pro se party needs to have someone else serve the subpoena.

Docketing Guidance – Service of a Subpoena

  • Even if the court does not require a proof of service, a pro se party may still want to submit a certificate of service regarding service of the subpoena to the court.
  • Use Notice of Submission and add text regarding whom was served.

Miscellaneous Proceedings

While a subpoena is issued by the court in which the matter is pending, other issues may arise that must be addressed by the court for the district where compliance with the subpoena is required.  Those issues may be addressed by opening a miscellaneous proceeding and by filing one of the following:

  • Motion for Contempt
  • Motion for Protective Order
  • Motion for Sanctions
  • Motion to Compel
  • Motion to Modify
  • Motion to Seal

There is a fee required to open a miscellaneous proceeding. View current fees

Power of Attorney

Official Procedure Last Change December 1, 2022

Power of Attorney

How to file:

Location of event: Bankruptcy > Miscellaneous > Power of Attorney

General Information

The first document filed by an attorney-in-fact in a case shall be accompanied by a copy of the Power of Attorney authorizing the signer to act on behalf of the filing party. The power of attorney shall be either a general power of attorney, authorizing the attorney-in-fact to take any action which the principal could take, or a special or limited Power of Attorney, authorizing the attorney-in-fact to file the petition.

An attorney-in-fact that files a petition on behalf of a Debtor shall appear at the Meeting of Creditors to respond to trustee inquiries regarding commencement of the case.

Filing requirements

  • The power of attorney must be signed by the principal and properly notarized.
  • The attorney-in-fact’s name, mailing address, telephone number and e-mail address must be stated.
  • The power of attorney must be filed as a separate document, using this event. It should not be included in the same PDF when filing other documents.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous or Adversary > Miscellaneous.

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

4. Select Power of Attorney 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. If the Power of Attorney relates to another document on the docket:

  1. Check the Refer to existing event(s)? box and click Next.
  2. At the category selection screen, click Next.
  3. Select the document to which the Power of Attorney relates.

10. Click Next.

11. Final docket text is displayed. Click Next.

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.

Reaffirmation Agreement Cover Sheet

Official Procedure Last Change February 19, 2016

Reaffirmation Agreement Cover Sheet

How to file:

Location of event: Bankruptcy > Miscellaneous > Reaffirmation Agreement - Cover Sheet

Things to be aware of when filing: Official forms must be used. Download Reaffirmation forms

  • 11 USC 524
  • FRBP 4008
  • S. D. Ind. B-4008-1

These instructions are for attorneys only. See separate procedure for instructions for limited users.
 

General Information 

  • A completed Reaffirmation Cover Sheet must be included with all Reaffirmation Agreements filed with the Court.
  • If the cover sheet was inadvertently omitted when the Reaffirmation Agreement was filed, the following instructions should be used to file the cover sheet. However, these instructions are only to be used when the Reaffirmation Agreement is already on the docket. If filing the Cover Sheet together with the Reaffirmation Agreement, use the Reaffirmation Agreement menu option.

Filing Requirements  

  • Per S. D. Ind. B-4008-1, cover sheets must be filed using Official Form 427. Download Reaffirmation forms
  • Cover sheet must be signed by one of the parties to the Agreement.
  • Additionally, if any information has been included in lines 11 or 12, the debtor(s) must have signed below line 12. This must be done even if they have also signed the bottom of the cover sheet.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Reaffirmation Agreement - Cover Sheet 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. If this is an amended cover sheet, choose Amended from the drop-down box, else leave blank. Click Next.

10. 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.

Reaffirmation Agreements

Official Procedure Last Change April 21, 2016

Reaffirmation Agreements

How to file:

Location of event: Bankruptcy > Miscellaneous > Reaffirmation Agreement

Things to be aware of when filing: Official forms must be used. Download Reaffirmation forms

  • 11 USC 524
  • FRBP 4008
  • S. D. Ind. B-4008-1

These instructions are for attorneys only. See separate procedure for instructions for limited users.

General Information

  • A Reaffirmation Agreement is an agreement made between debtor and creditor to repay an otherwise dischargeable debt.
  • If an individual is not represented by an attorney and is not reaffirming real property, the Court may hold a hearing to decide whether to approve the reaffirmation agreement. At the hearing, the court will decide whether or not the agreement is in the best interests of the debtor and, if so, enter an order approving the agreement.
  • The filing of a Reaffirmation Agreement may delay the issuing of the Debtor's discharge if a Notice of Deficient Filing has been issued on the Reaffirmation Agreement or if the Court has yet to rule on a Motion for Approval or a hardship issue.
  • Reaffirmation agreements can be rescinded anytime before the Court issues the discharge or within 60 days after the agreement is filed with the Court, whichever is the latest.
  • There is no need to reopen a closed bankruptcy case in order to file a reaffirmation agreement on that case, unless a court order and/or hearing will be needed.

Filing Requirements

  • Per S. D. Ind. B-4008-1, Reaffirmation Agreements must be filed using Official Form 2400A or Official Form 2400A/B ALT. Download Reaffirmation forms
  • A completed Reaffirmation Cover Sheet must be included.
  • If the Reaffirmation Agreement is not on real estate, a Motion for Approval (Official Form 2400B) is required if Part C has not been included, or if it is included but has not been signed by the attorney for the debtor. The Motion for Approval must be signed by the debtor.
  • It is not necessary to upload a proposed order - the court will prepare one if needed.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Reaffirmation Agreement 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. Select appropriate radio buttons as presented, clicking Next after each selection.

Note: For Reaffirmation Agreements filed without an Attorney Declaration, a Motion for Approval is required if the Reaffirmation Agreements is not on real estate.

10. If the Reaffirmation Agreement that you are currently filing is a correction or amendment to one previously filed, check the Refer to existing event(s)? check box and click Next, then check the box next to the previously-filed Reaffirmation Agreement that you are correcting or amending.

11. Click Next.

12. If this is an amended reaffirmation agreement, choose Amended from the drop-down box, else leave blank. Click Next.

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.

Request for Audio File

Official Procedure Last Change October 19, 2020

Request for Audio File

How to file:

Location of event: Bankruptcy > Miscellaneous > Audio File, Request for

 

General Information

  • This event may be used by any party who wishes to request a copy of an audio file of a hearing or trial previously held by the court.
  • See separate procedure for requests for an official written transcript of a hearing/trial.

Filing requirements

  • The Request must state the date and time of the hearing/trial of which the recording is being requested.
  • A separate request must be submitted for each hearing/trial. Multiple requests cannot be combined in one document, even if the hearings are on the same case.
  • A Reproduction of recordings of proceedings filing fee is due for each hearing/trial or part thereof. View current fees

Step-by-step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous or

               Adversary > Miscellaneous

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

4. Select Audio File, Request for 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. Select the Minute Entry regarding the hearing of which you are seeking a recording and click Next.

Note: Only one box may be selected. If you are seeking a recording of two hearings on one case, you will need to file two separate requests. If requesting a recording of a hearing/trial that lasted two or more consecutive days, select only the box corresponding to the first day.

10. Final docket text is displayed. Click Next.

11. 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.

Request for Certified Copy of a Document

Official Procedure Last Change August 10, 2023

Request for Certified Copy of a Document

How to file:

Location of event: Bankruptcy > Miscellaneous > Certified Copy, Request for

 

General Information

  • This event may be used by registered ECF users to request certified copies of court document(s) maintained by the Clerk's Office.
  • Requests for certified copies may be filed via the ECF system, mailed to or requested in-person at the Clerk's Office,
  • All certification and copy work fees must be paid prior to certifying a document.
  • A certification fee is charged for each requested document (attachments to the main document may be included without incurring additional certification fees).
  • Certified copy requests submitted via the ECF system will not incur the per page copy fee.
  • In-person and mailed requests for certified copies will incur a per page copy fee plus the certification fee. Mailed requests must include a self-addressed, stamped envelope (contact the Clerk's Office to obtain the total fee before mailing a request for certified copies).
  • Partial certifications of a larger document (example: Schedule F of the voluntary petition) may be requested by mail or in-person at the Clerk's Office. Certifying multiple sections of a larger document will not incur multiple certification fees so long as all requested sections are from the same document.

Filing requirements

  • A PDF is not required for this event.
  • A valid email address to which the certified copies will be sent.
  • A separate request must be submitted for each certification.
  • A certification fee is due for each request. View current fees
  • Copy fees are due for in-person and mailed requests.

Step-by-step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous or Adversary > Miscellaneous

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

4. Select Certified Copy, Request for from the event list and click Next.

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

6. Select the filing party from the party list and click Next.

7. Select the docket entry to be certified and click Next.

Note: Only one box may be selected. 

8. Verify final docket text. If correct, click Next to submit your document.

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.

Request for Separate Notice

Official Procedure Last Change July 25, 2009

Request for Separate Notice

How to file:

Location of event: Bankruptcy > Miscellaneous > Request for Separate Notice

 

General Information

  • On joint cases, any Court notices that are sent to both the primary debtor and the joint debtor are sent in one single envelope if both debtors live at the same address.
  • If the joint debtor wishes to have all notices that are addressed to them sent in a separate envelope, a Request for Separate Notice should be filed with the Court.
  • The Request for Separate Notice is not required if the primary debtor and joint debtor live at different addresses. If they live at different addresses, all notices from the Court are automatically sent to each debtor separately at their respective address.
  • A Request for Separate Notice can only be filed by a debtor in a joint case. Creditors seeking to be added to the case to receive notice should use the Request for Notice event.

Filing requirements

  • Notice must be signed by the debtor or debtor's attorney.
  • A proposed order is not required.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Request for Separate Notice 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. Select prefix text, if applicable, and click Next.

10. 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.

Request for Status Conference

Official Procedure Last Change July 8, 2021

Request for Status Conference

How to file:

Location of event: Bankruptcy > Miscellaneous > Status Conference, Request for

 

General Information

  • This event may be used by any party to request that the court set a status conference on an issue that is not yet pending before the court. The Motion to Set Hearing, Trial or Status Conference event should be used if the issue in question is already pending before the court.

Filing requirements

  • The Request must be signed by the filing party.

  • 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 > Miscellaneous or Adversary > Miscellaneous

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

4. Click to select Status Conference, Request 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. Click to highlight Party. Click Next. If the party is not listed, click Add/Create New Party

7. If no new attorney(s) or party was added, skip to next step. If a new attorney or new party was added to the case, check appropriate box(es) to create an association between the attorney and party, click Next. If the associations are not correct, do not check any box, click Next.

8. Browse to select pdf file, then click Next.

9. If the Request relates to a pleading already on the docket, check the Refer to existing event(s)? box, click Next, then Next at the category selection screen. Select the document to which the Request relates.

10. Click Next.

11. 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.

Rescission of Reaffirmation Agreement

Official Procedure Last Change December 3, 2012

Rescission of Reaffirmation Agreements

How to file:

Location of event: Bankruptcy > Miscellaneous > Reaffirmation Agreement, Rescission of

  • 11 USC 524
  • FRBP 4008

General Information

  • Reaffirmation agreements can be rescinded any time before the Court issues the discharge, or within 60 days after the agreement is filed with the Court, whichever is the later.
  • Notice of the rescission must be given to the creditor.
  • If an order approving a reaffirmation has been entered by the Court, it is not necessary to file a Motion for Relief from that order before filing a rescission of the reaffirmation agreement. 

Filing Requirements

  • The Rescission must be signed by the debtor or debtor's attorney.
  • A Certificate of Service must be included, showing service on the creditor.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Reaffirmation Agreement, Rescission of 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. Enter the name of the creditor whose reaffirmation is being rescinded. 

10. Select the reaffirmation agreement being rescinded and click Next.

11. Final docket text is displayed. Click Next.

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.

Schedule of Executory Contracts and Unexpired Leases

Official Procedure Last Change November 20, 2017

Schedule of Executory Contracts and Unexpired Leases

How to file:

Location of event: Bankruptcy > Miscellaneous > Executory Contracts & Unexpired Leases Schedule Pursuant to Fed.R.Bank.P. 1019(5)(C)(iii)

Things to be aware of when filing: This event is for filing a schedule pursuant to FRBP 1019(5)(C)(iii), not for filing Schedule G.

  • FRBP 1019(5)(C)(iii)

General Information

This event is used following a conversion to Chapter 7, to comply with the requirements of FRBP 1019(5)(c)(iii). It differs from Schedule G, which is a required document for new bankruptcy petitions.

Filing requirements

  • There is no sample or official form available for this schedule.
  • The document must be signed by the filing party.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Executory Contracts & Unexpired Leases Schedule Pursuant to Fed.R.Bank.P. 1019(5)(C)(iii) 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. Final docket text is displayed. Click Next.

10. 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.

Schedule of Post-Petition Debt

Official Procedure Last Change June 1, 2010

Schedule of Post-Petition Debt

How to file:

Location of event: Bankruptcy > Miscellaneous > Post-Petition Debts Schedule

General Information

  • When adding post-petition creditors after conversion to a Chapter 7, use the Schedule of Post-Petition Debts event. No fee will be charged under this event.
  • 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 schedule must be signed by the debtor or debtor's attorney.
  • Debtor must serve on all added creditors a Notice to Post-Petition Creditors providing twenty-one days for the filing of a motion for payment of an administrative expense and, unless a notice of insufficient assets to pay a dividend has been mailed in accordance with Fed.R.Bankr.P. 2002(e), the time for filing a claim of a kind specified in 11 U.S.C. §348(d).  Sample Notice
  • If the Schedule of Post-Petition Creditors is filed after conversion to a Chapter 7 and the notice of the meeting of creditors has been issued, the filing party must also provide that meeting notice to the added creditors.
  • A Certificate of Service as to the above documents must be filed with the Court. The Certificate of Service can be filed in the same document as the Schedule of Post Petition Debts, or separately using the Certificate of Service menu option.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Post-Petition Debts Schedule 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. Review ECF Notice. Select radio button regarding Certificate of Service. Click Next.

10. If you indicated that creditors are being added, enter each creditor in large text box or browse to select the creditor mailing list (.txt file) and click Next.

11. Final docket text is displayed. Click Next.

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.

Sealed Documents

Official Procedure Last Change December 5, 2013

Sealed Documents

How to file:

Location of event: Bankruptcy > Miscellaneous > Sealed Document

Things to be aware of when filing: Sealed documents should only be filed in CM/ECF after the court has entered an Order Granting Motion to Seal Document. See instructions on filing a motion to seal documents

 

General Information

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Sealed Document 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. Select the Order Granting Motion to Seal Document to which your filing relates and click Next.

10. A warning notice is displayed. Click Next.

11. Final docket text is displayed. Click Next.

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

Note: The Notice of Electronic Filing displays giving you the document number. Note that electronic notice of this filing is not sent to case participants.

Statement in Lieu of Notice to Added Creditors

Official Procedure Last Change September 10, 2010

Statement in Lieu of Notice to Added Creditors

How to file:

Location of event: Bankruptcy > Miscellaneous > Statement in Lieu

Things to be aware of when filing: Use of the Court's sample form is encouraged.

General Information

If a Debtor is adding creditors due to filing an amended or post-petition schedule,  they are required to give notice to the added creditors and provide copies of notices and documents in the case as appropriate, including the notice of the meeting of creditors with full SSN or ITIN, notice of the bar date, the most recent plan or amended plan, and confirmation hearing notice and shall file a certificate of service pursuant to S.D. Ind. B-9013-2.  See procedure for Certificate of Service

However, if the Debtor certifies that no notice is required because the creditor has already received those documents, the Debtor may file a Statement in Lieu of Notice to Added Creditors. This document may be filed in the same document as the Amended Schedule or Schedule of Post-Petition Debts, or separately using the instructions below.

Filing requirements

  • Use of the Court's sample form is encouraged.
  • Statement in Lieu must be signed by the filing party.
  • Statement must specify which creditors are being added, or for which creditors a new address is being provided.

Note: The prior address as well as the corrected address should be included. Without the inclusion of the prior address, it may be impossible for the court to determine which address should be changed, in which case the old address will continue to receive notices from the court in addition to the new address.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Statement in Lieu 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.  Select radio button re: Service of case documents on added creditors. Click Next.

10. Final docket text is displayed. Click Next.

11. 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.

Stipulation of Facts/Documents

Official Procedure Last Change March 25, 2013

Stipulation of Facts/Documents

How to file:

Location of event: Bankruptcy > Miscellaneous > Stipulation of Facts/Documents

Things to be aware of when filingThis event is not commonly used. An Agreed Entry or Agreed Motion should be used instead if the Stipulation relates to the resolution of a pending matter or some other agreement that parties wish to evidence for the Court.

 

General Information

This event is available for use when required by a pre-trial order in an adversary proceeding, or in situations where the parties can stipulate to some or all of the facts that would otherwise be contested at hearing, or to the admissibility of some or all of the documents that may be exhibits.

If the parties' stipulation instead relates to the resolution of a pending matter or some other agreement that parties wish to evidence for the Court, they should file either an Agreed Entry or Agreed Motion.

Filing requirements

  • The Stipulation must be signed by all parties to the issue.
  • No proposed order is needed.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Stipulation of Facts/Documents 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. If the Stipulation relates to another document on the docket:

  1. Check the Refer to existing event(s)? box and click Next.
  2. At the category selection screen, click Next.
  3. Select the document to which the Stipulation relates.

10. Click Next.

11. Final docket text is displayed. Click Next.

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.

Supplemental Schedules I and J

Official Procedure Last Change March 10, 2017

Supplemental Schedules I and J

How to file:

Location of event: Bankruptcy > Miscellaneous > Schedule(s) I/J - Supplement Showing Post-Petition Income/Expenses (Ch 13)

Things to be aware of when filing: A signed Declaration Under Penalty of Perjury must accompany the schedules.

 

General Information

Chapter 13 debtors are required to report changes of income and expenses during the pendency of their case, which should be done by filing supplemental schedules I and/or J. If a mistake was made on schedule I or J at the time of filing, a correction should be made by the filing of Amended Schedules.

Examples:

  • Amended Schedule: "I made a mistake on my Schedule I. My income was $2500 per month when I filed, not $2000."
  • Supplemental Schedule: "I said on my Schedule I that my income was $2000 per month when I filed. That number is correct, but I now have extra work and my income has gone up to $2500 per month."

Filing requirements

  • Form B106 (Declaration Concerning Debtor's Schedules) signed by debtor(s) must be filed along with the schedule(s).
  • An Amended Summary of Schedules is required.
  • Official forms B106I, B106J, B106J2 and B106 must be used.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Schedule(s) I/J - Supplement Showing Post-Petition Income/Expenses (Ch 13) 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. Select appropriate radio button to indicate which schedule(s) are being filed, then click Next.

10. Final docket text is displayed. Click Next.

11. 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.

Technology-Based Business Interruptions/Inability to Access Data ('Ransomware')

Official Procedure Last Change December 12, 2022

Technology-Based Business Interruptions/Inability to Access Data ('Ransomware')

How to file:

Consult with the Clerk's Office before attempting to file a miscellaneous proceeding. If a miscellaneous proceeding is needed, it cannot be filed electronically. The document will need to be mailed or hand delivered to the Clerk's office. The miscellaneous case will then be opened by the Clerk's office.

General Information

If an attorney or trustee suffers a 'ransomware' attack that inhibits their ability to process work or access data, the following procedure should be followed:
 

1.  Deliver the initial affidavit regarding details of business interruption (e.g., ransomware attack or other inability to access data) with wet signature to the Clerk's Office. No filing fee is required. Any attorney can utilize this procedure. The affidavit must include the following information:

  • The document must be titled Affidavit Concerning Business Interruption.
  • Date of interruption or if unknown, discovery thereof.
  • Anticipated date of system recovery.
  • If known, list of cases within which deadlines set to expire before anticipated date of system recovery. If unknown, statement that cases/deadline unknown due to interruption.
  • Request of no more than 14 days to have filing deadlines tolled in open cases. Tolling does not apply to scheduled hearings.

2.  The Clerk's Office will then open a Miscellaneous Proceeding, attaching the initial affidavit. A Notice of Electronic Filing, with case number, is sent to the attorney.

3.  Upon receipt of the Notice of Electronic Filing confirming that the Miscellaneous Proceeding has been opened, file a Motion for Authority to extend deadlines. The Motion can be filed at the Clerk's Office if CM/ECF is inaccessible. If filed via ECF, the docket text should read:

     "Motion for Authority to Extend Deadlines due to Technology-Based Business Interruption/Inability to Access Data filed by ..."

4.  The Chief Judge will then enter an order (which should be prepared by either the filing party or Chambers) tolling deadlines in the attorney’s open cases for 14 days in the future (and retroactively, if applicable). The order should further instruct the attorney to file a second affidavit upon system restoration/data recovery.

5.  The Clerk’s Office will close the initial Miscellaneous Proceeding upon review of the attorney’s second affidavit reporting that access issues have been resolved, or the passing of the toll date without a second affidavit.

Withdraw Document

Official Procedure Last Change July 27, 2023

Withdraw Document

How to file:

Location of event: Bankruptcy > Miscellaneous > Withdraw Document

Things to be aware of when filing: The uploaded pdf should not be titled as a motion (i.e. Motion to Withdraw Document).

 

These instructions are for attorneys only. See separate procedure for instructions for limited users.

General Information

Filing Requirements

  • The Withdrawal must be signed by the filing party.
  • A Certificate of Service must accompany the Withdrawal if the document being withdrawn also required a Certificate of Service.
  • The uploaded pdf should not be titled as a motion (i.e. Motion to Withdraw Document).
  • A court order is not required to withdraw a document. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Withdraw Document 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. Select the document you wish to withdraw and click Next. Additional screens may appear based on the document being withdrawn.

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

10. Final docket text is displayed. Click Next.

11. 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.

Withdrawal of Objection to Chapter 13 Plan

Official Procedure Last Change April 21, 2014

Withdrawal of Objection to Chapter 13 Plan

How to file:

Location of event: Bankruptcy > Miscellaneous > Withdraw Objection to Plan (Ch 13 only)

Things to be aware of when filing: This event is only available for attorneys wishing to withdraw their Objection to Chapter 13 Plan without the need to upload a PDF. See separate instructions for filing a withdrawal in any other circumstance.

 

General Information

This event is only available for attorneys wishing to withdraw their Objection to Chapter 13 Plan without the need to upload a PDF. See separate instructions for filing a withdrawal in any other circumstance.

Filing requirements

  • No PDF is required to be attached.
  • No proposed order is needed.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

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

4. Select Withdraw Objection to Plan (Ch 13 only) 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. Select the document you wish to withdraw and click Next.  (Note: Only objections to plan that you have filed on the case are displayed. To withdraw any other document, see separate instructions.)

9. Final docket text is displayed. Click Next.

10. 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.