Official Procedure Last Change December 1, 2009
Chapter 13 Trustee’s Notice of Failure to Abide by Settlement
(New Albany division only)
How to file:
Location of event: Bankruptcy > Trustee/US Trustee > Notice of Failure to Abide by Settlement
- After the Court has issued a consultation notice, the debtor has 21 days to make contact with the trustee. If the debtor makes contact with the trustee and comes to some resolution or agreement such as a Stipulation, Immaterial Modification or Report of Settlement and fails to meet the terms of said agreement, the case is eligible for immediate dismissal upon notification from the trustee.
- The trustee will file a Notice of Failure to Abide by Settlement to trigger the dismissal, which is a docket only event (no PDF document is used).
- The Notice of Failure to Abide by Settlement event should not be used if filing one of the following specific notice types (each of these events has its own option under Trustee/US Trustee in ECF):
A PDF document is not required to be uploaded, but can be if desired.
1. Log into CM/ECF.
2. Select Bankruptcy > Trustee/US Trustee.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Notice of Failure to Abide by Settlement 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. Indicate whether or not you have a PDF to attach, and click Next.
9. Select the appropriate docket entry to which the Notice of Failure to Comply relates then 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.