Official Procedure Last Change May 27, 2013
Motion to Transfer Case
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Transfer Case, Motion to
- If a debtor wishes to transfer their case to another division within the Southern District of Indiana, they should file a Motion to Transfer Case Within District.
- If the debtor is seeking to transfer their case out of the current district they will need to file a Motion to Transfer Case Out of District.
- If a debtor wishes to file in a different division or district other than the proper division and district designated by their county of residence, they should file in
- the correct division and district then file a Motion to Transfer Case to the desired division or district.
- If a petition is filed in the wrong division due to a clerical error (e.g., the county entered into CM/ECF when filing does not match the county shown on the petition), the Court may transfer the case to the correct division without a motion, notice or hearing.
- Cases being transferred to another district will be held for 14 days following the entry of the Order Granting Motion to Transfer Case before the actual transfer is made. This does not apply to cases transferred from one division to another within the Southern District of Indiana.
- If the case is to be transferred to another division within the Southern District of Indiana, any pending adversary cases attached to the legal case are automatically transferred also.
- If the case is to be transferred to another district, pending adversary cases are not automatically transferred. If you are also seeking to transfer any or all associated adversary cases, your Motion to Transfer the bankruptcy case must specify this, or a separate Motion for Transfer of Adversary Proceeding event should be filed.
- If you are seeking to transfer an adversary case without transferring the associated legal case, the Motion for Transfer of Adversary Proceeding event should be used.
- No filing fee is required.
- The Motion must specify:
- The name of the bankruptcy court (district and division) to which the case is to be transferred;
- The reason for the transfer.
- The Motion must be signed by the filing party or their attorney.
- A Certificate of Service must be included.
- 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 Transfer Case, 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. Select type of transfer being sought: Out-of-District or Within-District. Click Next.
11. If Out-of-District option was selected in the previous step, enter the name of the District. Click Next.
If Within-District was selected, choose the radio button next to the appropriate Southern Indiana division.
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.