Official Procedure Last Change July 31, 2017
Motion for Approval pursuant to FRBP 4001(d)
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs >
Things to be aware of when filing: A 14-day objection notice must be included.
This event is used on legal cases (not adversary proceedings) to seek court approval pursuant to FRBP 4001(d) of the following:
- Agreement to Provide Adequate Protection
- Agreement Prohibiting or Conditioning the Use/Sale/Lease of Property
- Agreement to Modify/Terminate Stay
- Agreement to Use Cash Collateral
- The Motion must be signed by the filing party or their attorney.
- A Certificate of Service must be included.
- A 14-day objection notice must be included. The Notice may be included in the body of the Motion or filed separately using the FRBP 4001(d) Approval of Agreement Notice event.
- 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 one of the following events from the event list and click Next:
- Approval of FRBP 4001(d) Agreement Concerning Use/Sale/Lease of Property, Motion for
- Approval of FRBP 4001(d) Agreement to Modify or Terminate Stay, Motion for
- Approval of FRBP 4001(d) Agreement to Provide Adequate Protection, Motion for
- Approval of FRBP 4001(d) Agreement to Use Cash Collateral, Motion for
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.
10. Indicate whether the notice is included or will be filed separately. Click Next.
11. If you indicated that the notice is included, objection due date is calculated and displayed. Click Next, unless pending motions are also displayed (see next step).
12. 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.
13. 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.
14. 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.