Official Procedure Last Change December 13, 2016
Motion to Compel
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Compel, Motion to
Things to be aware of when filing: This event should only be used pursuant to Fed.R.Bankr.P. 7037 concerning discovery.
- This event should only be used pursuant to Fed.R.Bankr.P. 7037 concerning discovery. It should not be used by a trustee seeking turnover from the debtor (of property or records) or for the failure of a debtor or other party to comply with a previous order in the case (such as an order for turnover).
- Creditors seeking to compel assumption or rejection pursuant to S.D. Ind. B-6006-1(b) should use the Motion to Compel Assumption or Rejection event.
- The event should not be used by a debtor seeking the return of property from a creditor. In that situation, the debtor should file a Motion for Sanctions or an adversary proceeding.
- The Motion must be signed by the filing party or their attorney.
- The Motion must comply with S.D. Ind. B-7037-1.
- A Certificate of Service must be included.
- 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 Compel, Motion to from the event list and click Next.
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. 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.
11. 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.
12. 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.