Official Procedure Last Change October 27, 2014
Motion to Extend Time to File Initial Documents (Schedules, Plan, Pay Advices, Etc.)
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Extend Time to File Initial Documents (Schedules, Plan, Pay Advices, Etc.), Motion to
Things to be aware of when filing: For a second or subsequent request for extension of time, a certificate of service must be included that complies with FRBP 1007(c).
- The U.S. Trustee and interim trustee are deemed to have no objection to any request for extension of time to file original schedules or other documents due at the time of Bankruptcy filing if that request seeks an extension of no more than 30 days after commencement of the Bankruptcy proceeding.
- If the new date for filing documents is extended beyond the deadline in 11 U.S.C. 704(b)(1), then the Debtor is deemed to have waived any objection to the timeliness of a notice of presumed abuse which is filed no later than fourteen days after the missing documents are filed or after the meeting of creditors has been concluded, whichever is later.
- If the Motion to Extend Time is granted, the Court will always grant the maximum amount of time allowable, even if less time was requested in the Motion.
- This event should not be used to seek an extension of time to file Chapter 11 or Chapter 12 plans, since these are not considered 'initial documents'.
- Motion must be signed by the filing party.
- For a second or subsequent request for extension of time, a certificate of service must be included that complies with FRBP 1007(c).
- It is not necessary to upload a proposed order - the Court will prepare one.
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 Extend Time to File Initial Documents (Schedules, Plan, Pay Advices, Etc.), 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. Check box Refer to existing event(s)? and click Next.
11. Click Next.
12. Check box(es) to which the Motion to Extend Time relates and click Next.
13. Check all appropriate box(es) to specify which items require additional time, click Next. If the specific item is not listed, also check the box for Miscellaneous documents required with initial bankruptcy filing, click Next, type the specific document(s) in the field provided, then click Next.
14. Chapter 7 cases: Objection date is displayed. Click Next to proceed, unless all pending motions are also displayed (see step 15 if this is the case).
15. 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.
16. 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.
17. 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.