Official Procedure Last Change July 18, 2016

Affidavit Disclosing Mediator’s Connections

General Information

The mediator is required to file an Affidavit within 7 days of the filing of the Notice of Selection of Mediator or the entry of an order in which the mediator is designated. The affidavit must disclose any connections with the parties or counsel involved.

Filing Requirements

• The Affidavit must be signed by the mediator.
• The Affidavit must summarize the anticipated rate of compensation and terms of payment.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

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

4. Select Mediator's Connections, Affidavit Disclosing 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. 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. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Notice of Selection of Mediator to which the Affidavit relates and click Next.

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

10. Verify the final docket text; if correct, click Next to submit your document(s).

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

Official Procedure Last Change April 18, 2017

Interim Report on Loss Mitigation

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

General Information

This event is available for use by a debtor who has a pending Chapter 13 case and whose residence is at risk of loss, to obtain an agreed mortgage modification.

For instructions on the loss mitigation process, requirements and deadlines, consult General Order 16-0002.  View flowchart outlining the loss mitigation process

Filing Requirements

The document must be signed by the debtor/debtor's attorney or the mediator.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

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

4. Select Loss Mitigation - Interim Report 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. 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. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Order Granting Request for Loss Mitigation to which the Report relates and click Next.

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

10. Verify the final docket text; if correct, click Next to submit your document(s).

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

Official Procedure Last Change July 18, 2016

Mediation and Loss Mitigation - General Information

General Information

The following menu options are available in CM/ECF for filing Mediation and Alternative Dispute Resolution pleadings:

• Motion to Refer to Mediation
• Request for Loss Mitigation
• Notice on Request for Loss Mitigation
• Motion to Select Panel of Mediator Candidates
• Affidavit Disclosing Mediator’s Connections
• Request for Disqualification of Mediator
• Notice of Selection of Mediator
• Report of Mediation
• Report of Settlement or Impasse
• Motion to Approve Trial Modification Agreement
• Motion to Approve Loss Mitigation Agreement

These events are all available by clicking Bankruptcy then Mediation & Loss Mitigation in CM/ECF.

For instructions on the mediation process, consult Local Rule B-9019-2.  View list of attorneys willing to serve as mediators in bankruptcy cases.

For instructions on the loss mitigation process, consult General Order 16-0002  View flowchart outlining the loss mitigation process

Official Procedure Last Change July 18, 2016

Motion to Approve Loss Mitigation Agreement

General Information

• This event is available for use by a debtor who has a pending Chapter 13 case and whose residence is at risk of loss, to obtain an agreed mortgage modification.
• For instructions on the loss mitigation process, consult General Order 16-0002  View flowchart outlining the loss mitigation process

Filing Requirements

• The Motion must be signed by the filing party.
• A Certificate of Service must accompany the Motion.
• The Loss Mitigation Agreement must be attached to the Motion and signed by both the debtor/debtor's attorney and the lender.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

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

4. Select Loss Mitigation Agreement, Motion to Approve 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. 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. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Report of Settlement to which the Motion relates and click Next.

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

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

11. Verify the final docket text; if correct, click Next to submit your document(s).

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

Official Procedure Last Change December 16, 2016

Motion to Approve Trial Modification Agreement

General Information

• This event is used by mortgage holders wishing to implement a payment arrangement on a trial basis, before seeking approval of the Loss Mitigation Agreement.
• For instructions on the loss mitigation process, requirements and deadlines, consult General Order 16-0002  View flowchart outlining the loss mitigation process

Filing Requirements

• The Motion must be signed by the filing party.
• A Certificate of Service must accompany the Motion.
• The Trial Modification Agreement must be attached to the Motion and signed by both the debtor/debtor's attorney and the lender, or the terms of which be included in the Motion.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

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

4. Select Trial Modification Agreement, Motion to Approve 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. 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. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Order Granting Request for Loss Mitigation to which the Motion relates and click Next.

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

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

11. Verify the final docket text; if correct, click Next to submit your document(s).

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

Official Procedure Last Change April 28, 2017

Motion to Extend Loss Mitigation Period

General Information

• This event is available for use by a debtor who has a pending Chapter 13 case and whose residence is at risk of loss, as part of the process to obtain an agreed mortgage modification.
• For instructions on the loss mitigation process, requirements and deadlines, consult General Order 16-0002  View flowchart outlining the loss mitigation process

Filing Requirements

• The document must be signed by the debtor/debtor's attorney or the mediator.
• 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 > Mediation & Loss Mitigation

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

4. Select Loss Mitigation Period, Motion to Extend 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. 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. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Order Granting Request for Loss Mitigation to which this motion relates, then click Next.

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

10. Verify the final docket text; if correct, click Next to submit your document(s).

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

Official Procedure Last Change July 18, 2016

Motion to Refer to Mediation

General Information

This event is available for use by any party who wishes to refer a matter to mediation.

Filing Requirements

• If all parties to the matter have consented to the mediation, the Motion must state this.
• 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 > Mediation & Loss Mitigation

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

4. Select Mediation, Motion to Refer to 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. 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. Browse to select the document to be filed (pdf file). Click Next.

8. At the category selection screen, click Next.

9. Select the docket entry to which the Motion refers and click Next.

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

11. Verify the final docket text; if correct, click Next to submit your document(s).

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

12. Upload proposed order

Official Procedure Last Change July 18, 2016

Motion to Select Panel of Mediator Candidates

General Information

This event is used after an order has been entered referring a matter to mediation, and the parties cannot agree on a mediator within 14 days after the order, or if the parties want the court to name a panel of mediators. If a proposed mediator has been agreed upon by the parties, a Notice of Selection of Mediator must be filed within 14 days after entry of the Order Granting Motion to Refer to Mediation. If parties cannot agree on a mediator within this time period, or wish the court to name a panel of mediators, a Motion to Select Panel of Mediator Candidates should be filed.

Once the motion has been filed, the court will issue a Notice of Designation of Mediator Candidates. Parties have 7 days to complete the striking process as described in S. D. Ind. B-9019-2, and file a Notice of Selection of Mediator.

Filing Requirements

• The Motion must be signed by the filing party.
• A Certificate of Service must accompany the Motion.
• It is not necessary to upload a proposed order.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

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

4. Select Mediator Candidates, Motion to Select Panel of 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. 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. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Order Granting Motion to Refer to Mediation to which the Motion relates and click Next.

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

10. Verify the final docket text; if correct, click Next to submit your document(s).

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

Official Procedure Last Change May 11, 2017

Motion to Terminate Loss Mitigation

General Information

• The Loss Mitigation process is available for use by a debtor who has a pending Chapter 13 case and whose residence is at risk of loss, to obtain an agreed mortgage modification. This event is used to file a request to terminate that process.
• For instructions on the loss mitigation process, requirements and deadlines, consult General Order 16-0002  View flowchart outlining the loss mitigation process

Filing Requirements

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

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

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

4. Select Loss Mitigation, Motion to Terminate 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. 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. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Order Granting Request for Loss Mitigation to which the Motion relates and click Next.

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

10. Verify the final docket text; if correct, click Next to submit your document(s).

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

Official Procedure Last Change July 18, 2016

Notice of Selection of Mediator

General Information

This event is used after an order has been entered referring a matter to mediation.

If the parties cannot agree on a mediator within such time period, or elect to request the Court to name a panel of mediators for their consideration, a Motion to Select Panel of Mediator Candidates should be filed.  At the conclusion of the striking process contemplated by S. D. Ind. B-9019-2(e)(2), a Notice of Selection of Mediator must be filed.

The mediator must prepare an Affidavit disclosing any connections within 7 days of the filing of the Notice of Selection of Mediator.  It may be filed along with such Notice, or separately using the Affidavit Disclosing Mediator’s Connections event.

Filing Requirements

• The Notice must state the name of the proposed mediator.
• The Notice must be signed by the filing party.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

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

4. Select Mediator, Notice of Selection of 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. 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. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Order Granting Motion to Refer to Mediation to which the Notice relates and click  Next.

9. Enter name of mediator and select appropriate radio button to indicate whether you are attaching the mediator's Affidavit. Click Next.

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

11. Verify the final docket text; if correct, click Next to submit your document(s).

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

Official Procedure Last Change July 18, 2016

Notice on Request for Loss Mitigation

General Information

A party filing a Request for Loss Mitigation is required to distribute a 14-day objection notice, and file a copy with the court along with a certificate of service. If this was not filed along with the Request, the notice may be filed separately using the instructions below.

Filing Requirements

• A Certificate of Service must be included.
• The objection period specified in the notice must be 14 days.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

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

4. Select Loss Mitigation Request Notice 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. 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. Browse to select the document to be filed (pdf file). Click Next.

8. Objection due date is calculated and displayed. Select the Request for Loss Mitigation to which the notice relates and click Next.

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

10. Verify the final docket text; if correct, click Next to submit your document(s).

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

Official Procedure Last Change July 18, 2016

Report of Mediation

General Information

• If a full settlement is reached, the mediator or the party who requested the mediation must file a Report of Mediation within 7 days following the conclusion of the mediation so advising the Court.
• If the mediation is terminated and does not result in a settlement, the mediator or the party who requested the mediation must file a Report of Mediation so advising the Court.
• If a partial settlement is reached, the mediator must file a Report of Mediation so advising the Court and/or the parties must file a motion to compromise and settle or a notice of submission of any appropriate stipulation.

Filing Requirements

The Report must be signed by the mediator and/or the filing party(ies).

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

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

4. Select Mediation Report 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. 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. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Order Granting Motion to Refer to Mediation to which the Report relates and click Next.

9. Select the appropriate radio button and click Next.

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

11. Verify the final docket text; if correct, click Next to submit your document(s).

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

Official Procedure Last Change July 18, 2016

Report of Settlement or Impasse

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

General Information

• This event is available for use by a debtor who has a pending Chapter 13 case and whose residence is at risk of loss, to obtain an agreed mortgage modification.
• For instructions on the loss mitigation process, requirements and deadlines, consult General Order 16-0002.  View flowchart outlining the loss mitigation process

Filing Requirements

• A Report of Settlement does not require a PDF to be attached. A copy of the settlement should be attached to the Motion to Approve Loss Mitigation Agreement.
• A Report of Impasse does require a PDF, which must be signed by the debtor/debtor's attorney or the mediator.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

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

4. Select Report of Settlement or Impasse 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. 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. Select the Order Granting Request for Loss Mitigation to which the Report relates and click Next.

8. Select radio button to indicate whether your report is a report of settlement (no PDF required) or a report of impasse (PDF required) and click Next.

9. If you indicated that you are filing a Report of Impasse: Browse to select the document to be filed (pdf file). Click Next.

    If you indicated that you are filing a Report of Settlement, a message is displayed. Click Next.

10. Final docket text is displayed. Click Next.

11. Verify the final docket text; if correct, click Next to submit your document(s).

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

Official Procedure Last Change July 18, 2016

Request for Disqualification of Mediator

General Information

A party that believes that the mediator should be disqualified, for example, because their impartiality might be in question, may file a Request for Disqualification of Mediator.

Filing Requirements

• The request 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 Bankruptcy > Mediation & Loss Mitigation

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

4. Select Mediator, Request for Disqualification of 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. 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. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Notice of Selection of Mediator to which the Request relates and click Next.

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

10. Verify the final docket text; if correct, click Next to submit your document(s).

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

Official Procedure Last Change May 24, 2022

Request for Loss Mitigation

General Information

• This event is available for use by a debtor who has a pending Chapter 13 case and whose residence is at risk of loss, to obtain an agreed mortgage modification.
• For instructions on the loss mitigation process, requirements and deadlines, consult General Order 22-0003. View flowchart outlining the loss mitigation process

Filing Requirements

• Consult General Order 22-0003 for requirements that the debtor must have completed prior to filing the request, and information that must be included in the request.
• Use of the court's sample form is recommended.
• The request must be signed by the filing party.
• A Certificate of Service must accompany the request.
• A proposed order must be uploaded. Use of the court's sample form is recommended.
• 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, lien holder and the US Trustee. The Notice may be included in the body of the Motion or filed separately using the Notice on Request for Loss Mitigation event.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

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

4. Select Loss Mitigation, 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. 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. Browse to select the document to be filed (pdf file). Click Next.

8. Indicate whether the notice is included or will be filed separately. Click Next.

9. If you indicated that the notice is included, the objection due date is calculated and displayed. Click Next.

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

11. Verify the final docket text; if correct, click Next to submit your document(s).

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

12. Upload proposed order.