Orders

Agreed orders

Official Procedure Last Change December 30, 2014

Agreed orders

General Information

Since only a judge can issue an order, the Bankruptcy Court for the Southern District of Indiana does not allow the filing of documents entitled Agreed Order, or that contain any order language such as "It is ordered that..." or "....this Agreed Order," or that include a signature line for the judge.

The proper way to seek the court's blessing on an agreement is as follows:
Resolving an issue already on the docket

Use the Agreed Entry (Resolves an Issue) event. The document should be titled Agreed Entry, not Agreed Order. The court will prepare and enter a separate order approving or disapproving the agreement. Refer to the procedure for further information on filing requirements.

Resolving an issue that is not yet on the docket

Title your document Agreed Motion for/to....., and file it using the regular motion event that would have been used had the document not been agreed to. ECF will allow you to indicate that the document is an agreed motion. View full instructions and filing requirements

For example, to file an Agreed Motion for Relief from Stay, use the Motion for Relief from Stay event.

Order in No Asset Case

Official Procedure Last Change August 29, 2016

Order in No Asset Case

  • 11 USC 554, 704(a)(9)
  • FRBP 5009

General Information

  • The Order in No Asset Case is generated 31 days after the ”Trustee’s Report of No Distribution” on cases where the Notice of Meeting of Creditors was issued prior to August 29th, 2016, provided that no objections have been filed. For cases where the Notice of Meeting of Creditors was issued on or after that date, a Notation of Abandonment is issued instead.
  • The Order abandons all scheduled property from the bankruptcy estate.
  • After the Order in No Asset is entered, secured creditors with non-avoidable, perfected security interests in any such property are granted limited relief from the automatic stay to pursue their valid claims against such property in accordance with applicable law.
  • ​​​​​​​If the Trustee has previously filed a Report of No Distribution, they can withdraw it before filing a Report of Possible Assets, although this is not necessary since the filing of the Report of Possible Assets serves as a withdrawal of Report of No Distribution.  However, if the Court has already entered an Order in No Asset Case or docketed the Notation of Abandonment, this Order or Notation cannot be withdrawn by the Trustee since it was entered by the Court, not filed by the Trustee. In this circumstance, the Trustee must file a Motion for Relief from Order pursuant to FRBP 9024 along with a 14-day objection notice if any of the assets to be administered were scheduled, followed by the Report of Possible Assets. If the Motion for Relief is required, the Court will not take any action on the Report of Possible Assets unless the Motion has been filed and granted. The Motion for Relief can contain language indicating that the Report of No Distribution is being withdrawn, although as previously mentioned, this is not necessary since a Report of Possible Assets serves this purpose. View flow chart of the procedure for changing which assets are being administered

Order of No Discharge

Order of No Discharge

General Information

This order is entered after the Objection to Discharge deadline passes in Chapter 7 cases, or 31 days after the filing of the Notice of Plan Completion in a Chapter 13 case, if:

  • the discharge is being withheld because of failure to file Financial Management and/or Motion for Entry of Discharge/Certification of Eligibility, or;
  • for Chapter 13 cases only - because of ineligibility due to a prior filing, where an order denying discharge has not been previously entered.

Chapter 12 cases: Financial Management is not required to be filed. Certification of Eligibility and DSO Notice are not required to be filed in non-individual Chapter 12 cases - only the Motion for Entry of Discharge is required.

The Order of No Discharge is not issued if a Motion Objecting to Discharge has been granted.

The Order of No Discharge deems the debtor ineligible to receive a discharge.

Before the order is entered, the debtor may seek further time to file Financial Management and/or Motion for Entry of Discharge/Certification of Eligibility by filing a Motion for Extension of Time. Once the order has been entered, the debtor will also need to file a Motion for Relief from Order of No Discharge along with the missing documents in order to receive a discharge.

Wage Assignments

Official Procedure Last Change July 6, 2015

Wage Assignments

How to file: 

Location of event: Bankruptcy > Order Upload > Single Order Upload

Things to be aware of when filing: A motion is not required to initiate or terminate a wage assignment. Simply upload a wage assignment order or an order terminating wage assignment.

General Information

  • A Wage Assignment is an order directing a Debtor’s employer to remit plan payments to the trustee.
  • The Southern District of Indiana does not require a motion to be filed in order to institute or terminate a wage assignment. Instead, the filing party should simply upload a proposed Wage Assignment Order or Order Terminating Wage Assignment.
  • A new order must be uploaded whenever the Debtor’s employer or plan payment changes.

Filing requirements

  • The Debtor(s) complete social security number must not be shown on the order.
  • New wage assignments: The order should state (1) the name of the employer; (2) the amount and frequency of the payment; and (3) for a joint case, the name of the debtor to whom the order applies.
  • Amended wage assignments: The name of the employer must match that shown on the original wage assignment. If the employer has changed, a new wage assignment must be used, and an order terminating the old wage assignment uploaded.
  • Orders terminating wage assignments: The name of the employer must be stated and, for a joint case, the name of the debtor to whom the order applies.

Step-by-Step Instructions

View instructions for uploading an order.