Official Procedure Last Change June 23, 2020

Affidavit

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:
  • Affidavit of Default (use the Notice of Default event instead);
  • Affidavit Disclosing Mediator's Connections.
• 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.