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Motion to Set Budget for Interim Use of Estate Property

Official Procedure Last Change July 31, 2017

Motion to Set Budget for Interim Use of Estate Property

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Set Budget for Interim Use of Estate Property, Motion to

  • 11 USC 363, 1115

General Information

This event is available for use by chapter 11 individual debtors only in order to obtain court approval to use property of the bankruptcy estate in order to provide for reasonable and necessary living expenses, tax withholdings, and ongoing payroll check reductions.

Filing requirements

  • Use of the court's sample form is recommended. 
  • The Motion must be signed by the debtor's attorney (or by the debtor, if pro se).
  • A Certificate of Service must be included.
  • A 21 day objection notice with Certificate of Service must be included. The Notice may be included in the body of the Motion or filed separately using the Set Budget Notice with Certificate of Service event.
  • It is not necessary to upload a proposed order - the Court will prepare one.

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 Set Budget for Interim Use of Estate Property, 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. Indicate whether the notice is included or will be filed separately. Click Next.

11. If you indicated that the notice is included, the objection due date is calculated and displayed. Click Next, unless pending motions are also displayed (see next step).

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.