Official Procedure Last Change August 1, 2022

Motion to Obtain Credit

General Information

• This event is not to be used to modify terms with an existing creditor.  
• Motions to Obtain Credit may be filed by trustees, Chapter 11 debtors-in-possession, and Chapter 12 and Chapter 13 debtors who are engaged in business and seek to obtain credit not in the ordinary course of business.  Chapter 13 debtors wishing to obtain consumer credit should use the Motion to Incur Debt event pursuant to S.D. Ind. B-4001-2.
• Only the trustee may file this motion in a Chapter 7.
• This motion is on the list of first-day motions in Chapter 11 and 12 cases set forth in L.R. 9013-3.  If filed with the bankruptcy petition or within 2 business days of the filing of the petition, the motion will be set for hearing on an expedited basis without the filing of a motion for emergency/expedited hearing.

Filing requirements

• The Motion must be signed by the filing party.

• A Certificate of Service must be included. 

• A proposed order must be uploaded.

Step-by-Step Instructions

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 Obtain Credit, 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. Browse to attach the document to be filed (pdf file). 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.

13. Upload proposed order.