Official Procedure Last Change December 1, 2019
Motion to Modify Secured Debt
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Modify Secured Debt, Motion to
Things to be aware of when filing: This event should only be used if seeking to modify an existing secured debt. If seeking to incur a new debt, a Motion to Incur Debt must be filed.
- The Motion to Modify Secured Debt is only applicable to Chapter 13 cases, and should only be used if seeking to modify an existing secured debt, for instance negotiating new terms for a mortgage with the current lender. If seeking to incur a new debt, a Motion to Incur Debt must be filed.
- The trustee is given 7 days (Indianapolis) or 14 days (divisions) to file an objection before an order will be entered by the Court.
- Use of the court's sample form is recommended.
- The Motion must be signed by the filing party or their attorney.
- For motions to modify a mortgage, the body of the Motion must state:
- The principle loan balance;
- the rate of interest;
- the amount of the monthly escrow for taxes and insurance;
- the monthly payment;
- the estimated total monthly payment, which shall include mortgage insurance, property insurance, and real estate taxes, and
- the maturity date of the proposed modified note.
- The above information must be stated both for immediately before and after the proposed modification.
- 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 Modify Secured Debt, 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.
9. A warning notice is displayed. Click Next.
10. Browse to attach the document to be filed (pdf file). Click Next.
11. Trustee's objection date is displayed. Click Next.
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.