FAQs

  • What do I do if I have an agreed order resolving a motion (or an application, an objection to confirmation, an objection to claim, or an objection to exemptions) that I have already filed and that has already come on for hearing?

    Upload the order to E-orders (i.e., to chambers), linking it to the original motion and selecting “Hearing Held” (not “Agreed Order”) as the order type. Do not file a motion for entry of an agreed order if the order resolves a pending motion. A motion for entry of an agreed order should be prepared and filed only if it does not resolve a pending motion (or application, objection to confirmation, objection to claim, or objection to exemptions).

  • What do I do if I have an agreed order resolving a motion (or an application, an objection to confirmation, an objection to claim, or an objection to exemptions) that I have already filed but that has not yet come on for hearing?

    Upload the order to E-orders (i.e., to chambers), linking it to the original motion and selecting “Hearing Scheduled” (not “Agreed Order”) as the order type. Do not file a motion for entry of an agreed order if the order resolves a pending motion. A motion for entry of an agreed order should be prepared and filed only if the agreed order does not resolve a pending motion (or application, objection to confirmation, objection to claim, or objection to exemptions).

  • Is it important that I select the correct order type when uploading orders?

    Yes. If the order is a “suspense” order, be sure to select the correct objection period as specified in the local rules.

  • I need to file an objection to a motion but cannot find an appropriate dictionary event. Should I call it a notice objecting to the motion?

    No. Go to the “Bankruptcy” menu and select “Response/Answer,” then select “Reference Existing motion/application/request.” There is a dropdown box that includes “Objection” and “Reply.” You should choose one of these options and you will be asked to link it to an existing event. You would then choose the motion to which you are objecting or replying.

  • If I want a hearing on a motion (or an application, an objection to claim, or an objection to exemptions), do I need to schedule the hearing in CM/ECF?

    Yes. When you come to the screen that reads “Do You Want to Set a Hearing Date For This Matter[y/n]” select “y” (yes) and set it for hearing. Merely including a hearing notice with the motion does not put the matter on the hearing calendar. Both the hearing notice and hearing date calendar entries are required.

  • When setting a hearing, should the notice of hearing be filed separately from the motion (or application, objection to claim, or objection to exemptions)?

    No. The hearing notice may be included in the same PDF file as the motion, or it may be filed as an attachment to the motion. CM/ECF allows you to set a hearing date when you file the motion. If the notice of hearing is filed separately, the matter would be placed on the calendar twice.

  • Must I choose between using the “passive notice” procedure and setting a hearing?

    Yes. The “passive notice” procedure is not available with respect to all types of motions (see Local Rule 9013-1(h)(1)) but, when it is available, you may use that procedure or schedule the matter for hearing. Do not mix the two: do not schedule a hearing on a motion (or application, objection to claim, notice of sale, or notice of abandonment) that includes the “passive notice” legend; and do not file a motion as a “passive notice” motion when it includes a hearing notice.

  • Does it matter where on a motion (or an application, an objection to claim, a notice of sale, or a notice of abandonment) I place the “passive notice” legend?

    Yes. Local Rule 9013-1(h)(2) requires that the “passive notice” legend appear on the first page of the motion. The notice must be entitled “Notice of Opportunity to Object and for Hearing,” and must be “prominently displayed.”

  • May I use the “passive notice” procedure for any motion?

    No. The “passive notice” procedure may only be used for the motions and other matters listed in Local Rule 9013-1(h)(1).

  • If I cannot find an event for the motion or application I am filing, should I select “Miscellaneous Motion”?

    No. You should call the CM/ECF help desk for assistance, and should select “Miscellaneous Motion” only if a deputy clerk instructs you to do so.

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