Official Procedure Last Change December 1, 2019
Motion for Adequate Protection
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Adequate Protection, Motion for
- A Motion for Adequate Protection may be filed by a secured creditor seeking to protect the value of its collateral during the bankruptcy proceeding.
- If seeking approval of an agreement to provide adequate protection, the Approval of FRBP 4001(d) Agreement to Provide Adequate Protection, Motion for event must be used instead.
- A Motion for Adequate Protection filing fee is due unless the Motion meets the requirements to be waived as prescribed by the Bankruptcy Court Miscellaneous Fee Schedule (e.g. the Motion is an Agreed Motion), or is an amended motion.
- The Motion must be signed by the filing party or their attorney.
- A Certificate of Service must be included.
- Unless you are refusing to waive the 30-day hearing requirement, a 14 day objection notice must be included with the Motion along with a Certificate of Service showing service of the Notice on all creditors. The Notice may be included in the body of the Motion or filed separately using the Adequate Protection Notice with Certificate of Service event. The Notice must specify:
- A 14 day objection period from the date the Notice was served;
The name of the creditor seeking adequate protection;
A description of the affected property, and
The address of the Clerk's office to which any objections must be sent.
The notice must be signed by the filing party
A Certificate of Service must be included certifying that the Notice was served on the debtor or debtor's attorney, trustee, the US Trustee, and all creditors.
- If the moving party is represented by an attorney, an appearance must be filed as a separate event. This is not required for the debtor's attorney.
- A proposed order must be uploaded.
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 Adequate Protection, Motion for from the event list and click Next.
5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended, and whether you are filing an agreed motion seeking Court approval pursuant to FRBP 4001(d) (if so, the Approval of FRBP 4001(d) Agreement to Provide Adequate Protection, Motion for event must be used instead).
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. Review fee information. Click Next.
11. Indicate whether the notice is attached or included and click Next.
12. If you indicated that the notice is included, the objection deadline is automatically calculated and displayed. Click Next.
13. 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.
14. 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.
15. 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.