Official Procedure Last Change March 2, 2021
Agreed Entry Resolving an Issue
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How to file: Location of event: Bankruptcy > Miscellaneous > Agreed Entry Resolving an Issue |
General Information
- This event should be used to obtain court approval regarding a pending matter, except for objections to plan confirmation. If the Agreed Entry is not a resolution to a pending, contested matter, but is the first document to be filed, the document should be titled as an Agreed Motion (click here for instructions on filing an agreed motion).
- A separate Order Approving or Disapproving the Agreed Entry will be entered by the Court, which will appear in a separate docket entry.
- An agreed entry cannot be used to resolve an adversary complaint. See information on what should be filed instead
- An agreed entry should not be filed to modify a plan, unless it is to resolve a pending post-confirmation motion to dismiss. In that instance, it should be related to the objection (or motion, if no objection has been filed). In all other instances, either an Amended Plan or Agreed Modification to Plan (pre-confirmation), or an Agreed Entry Modifying Plan Post-Confirmation or a Motion to Modify Plan (post-confirmation) should be filed. View flowchart for determining which event should be used
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.