Official Procedure Last Change January 9, 2014
Motion to Determine Transferee's Rights Pursuant to FRBP 3001(e)(3)
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Determine Transferee's Rights Pursuant to FRBP 3001(e)(3)
Things to be aware of when filing: The Motion must reference a transferred claim.
If a claim is transferred for security, and the case is in Chapter 11, questions may arise as to whether the original holder of the claim or the entity given a security interest in the claim has the right to vote on any plan. This event is for the motion contemplated by FRBP 3001(e)(3) in such situations.
- The Motion must be signed by the filing party or their attorney.
- The Motion must reference a transferred claim.
- 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 Determine Transferee's Rights Pursuant to FRBP 3001(e)(3) 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.