Official Procedure Last Change July 31, 2017
Motion for Turnover
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Turnover, Motion for
Things to be aware of when filing: Use of the Court's sample form is encouraged.
- A Motion for Turnover can only be used by trustees or Chapter 11 debtors, and only if seeking turnover from the debtor, debtor's attorney, or custodian. All other turnovers must be filed as adversary proceedings.
- Motions for Turnover and proposed orders on same should not contain personal identifiers, pursuant to FRBP 9037. This includes account numbers - only the last four digits of these should be shown.
- Motion must be signed by filing party
- A Certificate of Service must accompany the Motion.
- Use of the Court's sample form is encouraged.
- Filing party is responsible for uploading a proposed order
- A 21 day objection notice must be included with the Motion. The Notice may be included in the body of the Motion or filed separately using the Turnover Notice with Certificate of Service event.
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 Turnover, Motion for 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. Indicate whether the notice is attached or will be filed separately. Click Next.
11. If you indicated that the notice is included, the objection deadline is automatically 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.