FAQs

  • I filed my document but didn’t see where to pay. Why didn’t I get the opportunity to pay?

    Check to see if you have a pop-up blocker. If so, it needs to be disabled. There are many different ones. A good source to use is the following Web site: https://host.softworks.ca/Agate3/blocker/disable-blockers.htm.

  • Do I need to file a motion with an amended plan (as opposed to a modified plan)?

    No. Local Rule 3015-2(b) does not require a motion when amending an unconfirmed plan. However, the attorney must file and serve a notice of the amended plan conforming to Local Form 3015.4, unless the plan was modified at the meeting of creditors and the trustee and any affected creditor approved the change.

  • When amending an unconfirmed plan or modifying a confirmed plan, should I file a complete plan or only the changes?

    File the complete plan. In the case of a modification of a confirmed plan, Local Rule 3015-2(a)(1) requires a motion for approval of the modified plan and that the motion summarize the changes and the reason for the modification. The attorney must also file and serve with the motion a notice conforming to Local Form 3015.2.

  • I am filing a notice of conversion of case from Chapter 13 to Chapter 7. What do I do to stop the employer from withholding money from the debtor’s wages?

    You should include a proposed Order Upon Conversion of Chapter 13 Case to Chapter 7 (Upon Debtor’s Request) as an attachment to the notice of conversion and also upload the order to E-orders (i.e., to chambers). This form order, which may be found on the court’s Web site, provides for the vacation of the wage order and directs the employer to cease withholding income for payment to the trustee. Upon entry of the order, the clerk of the court will forward a copy of the order to the employer.

  • I just filed a Chapter 13 petition. I am trying to file a motion to enter a wage order and upload the order. I get a message that says “judge not assigned.” What do I do?

    Go to the main menu under “Bankruptcy” and select “Judge/Trustee Assignment.” CM/ECF will not allow any orders to be uploaded until this entry is made.

  • If I do not file the Chapter 13 plan with the petition, i.e., if I file it later, must I serve the plan on all creditors, all parties in interest requesting notices, and the Chapter 13 trustee and include a certificate of service on the plan?

    Yes. See Local Rule 3015-1(b).

  • Must I upload a proposed order when I file a response or objection to a motion (or an application, an objection, or a notice)?

    No. When the court denies a motion, the judge usually signs the order tendered by the movant with a signature and watermark indicating that the relief sought was denied. If the judge wants a new order, he or she will so instruct the appropriate attorney.

  • Must I leave four inches at the top of every page of a proposed order?

    No. Leave four inches at the top of only the first page of the order, which is where the judge’s electronic signature is affixed.

  • Does it really matter whether I leave four inches of blank space at the top of the first page of my orders?

    Yes. Part VI.B.1. of the Administrative Procedures for Electronic Case Filing requires the four-inch top margin because that is where the judge’s electronic signature is affixed. If you do not leave that space (or do not leave enough space), the signature will obscure the caption and maybe even some of the text of the order.

  • Should I use “Proposed Order” in the title of an order to be uploaded?

    No. Just call it an order. It is understood that it is merely a proposed order until entered by the court.

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