Official Procedure Last Change April 3, 2012
Notice of Default
How to file:
Location of event: Bankruptcy > Notices & Certifications > Default, Notice of
- A Notice of Default is filed when the debtor has defaulted on the terms of a previously-filed agreed entry and the filing party wishes the court to take action such as granting relief from stay.
- The court may decide to set the matter for hearing or the order may be granted without hearing.
- A Notice of Default can also be filed by the case trustee when an order granting motion to compromise and settle has been entered in the case and the debtor has defaulted on its terms. The Notice of Default can request that the debtor's discharge be denied or revoked without the need for an adversary proceeding, if the Order Granting Motion to Compromise and Settle made provision for this.
- A Certificate of Service must be included.
- A proposed order must be uploaded. For Relief from Stay issues, the order must indicate whether the stay is to be lifted or not.
1. Log into CM/ECF.
2. Select Bankruptcy > Notices & Certifications.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Default, Notice of from the event list and click Next.
5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.
6. 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.
8. Chapter 7 Trustee only: Indicate whether the Notice of Default is seeking to deny or revoke the debtor's discharge and click Next. If you selected Yes:
- A list of all Orders Granting Motion to Compromise and Settle is displayed. Select the one to which your Notice of Default relates and click Next.
- Enter the number of days the debtor has to respond to the Notice of Default (as shown on the Notice of Default document that you are filing) and click Next.
- The response due date is calculated and displayed. Click Next.
- Skip to Step 12.
9. Check the Refer to existing event(s)? check box and click Next.
10. A category list is displayed. Leave all categories selected and click Next.
11. Select the document to which the Notice of Default relates and click Next.
12. Final docket text is displayed. Click Next.
13. Verify the final docket text; if correct, click Next to submit your document(s).
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.