Motion to Extend Time to File Complaint

Official Procedure Last Change July 5, 2016

Motion to Extend Time to File Complaint

How to file:

Location of event:  Bankruptcy > Motions, Applications & Briefs >Extend Time to File Complaint, Motion to

 

  • 11 USC 727(a); 523(c)
  • FRBP 4004(a), (b); 4007(c)

General Information

Pursuant to local rule 9010-1, each attorney representing a party must file a separate appearance for such party. Only those attorney who have filed an appearance in a pending action shall be entitled to receive service of case documents. Each appearance must be filed as a separate event and failure to file an appearance may result in a Notice of Deficient Filing or other action from the court.

Complaints objecting to the discharge pursuant to §727(a) or motions for extension of time to file same will delay the entry of the discharge until the issue is resolved.

Complaints to determine the dischargeability of a debt pursuant to §523(c) or motions for extension of time to file same will not delay the entry of the discharge.

Filing requirements

  • 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 - the Court will prepare one. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Extend Time to File Complaint, Motion to from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

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

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

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

10. If filed by a Creditor, Trustee, or US Trustee, select type of complaint. If filed by any other party, fill in the name of the party against whom the complaint is to be filed. Click Next.

11. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

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

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

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

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