FILING FREQUENTLY ASKED QUESTIONS
Should I open and view every PDF file I upload to the court before uploading it?
Yes. As unnecessary as it may seem, you should follow this procedure to assure that the correct document is uploaded.
How do I withdraw a document that I have filed incorrectly?
Prepare a new document withdrawing the original document, and file the withdrawing document using the event “Withdrawal Document(s)” under “Other” under the “Bankruptcy” menu.
What do I do if I withdraw a motion (or an application, an objection to claim, or an objection to exemptions) that is scheduled for hearing?
Local Rule 9013-1(e) specifies the following procedure:
First, prepare a new document withdrawing the original document, and file the withdrawing document using the event “Withdrawal Document(s)” under “Other” under the “Bankruptcy” menu.
Second, notify a courtroom deputy clerk of the submission of the withdrawal, so that the hearing may be canceled.
Does it matter what paper size setting is used in creating PDF files?
Yes. Always use 8.5" x 11" paper size when scanning or converting documents to PDF files. After creating each PDF file, verify that the word processing, conversion, or scanner software created an 8.5" x 11" document.
Must everything I file be signed?
Yes. Insert “/s/” and type the name of the person signing on the signature line or, if the document is scanned to a PDF file, sign it before scanning it.
Back to Top
May the statement of intention regarding secured consumer debts and the attorney disclosure statement be combined with the petition and schedules?
No. The statement of intention and the attorney disclosure statement must each be filed separately.
May the creditor matrix be combined with the petition and schedules?
Yes. The matrix may be filed with the petition and schedules but the matrix must also be uploaded as a separate docket event under “Creditor Maintenance” under the “Bankruptcy” menu.
Must a certificate of service be attached to the statement of intention regarding secured consumer debts?
Yes. See Fed. R. Bankr. P. 1007(b)(2). A certificate of service attached to the statement does not need to be separately docketed.
Should cases be opened as “asset” or “no-asset” cases?
Open all Chapter 7 cases as “no-asset” cases, and open all Chapter 13 cases as “asset” cases.
Back to Top
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.
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).
The “passive notice” procedure may not be used for a motion for relief from the automatic stay in a Chapter 13 case (or a Chapter 11 or 12 case).
The “passive notice” procedure may be used for notices of abandonment in Chapter 7 “asset” cases and Chapter 11, 12, and 13 cases. (Under Local Rule 6007-1, if the case is a “no asset” Chapter 7 case, a notice of abandonment need not be served on creditors absent a written request for notice filed at or before the meeting of creditors, so creditors need not be afforded an opportunity to object and the “passive notice” legend need not appear on the notice.)
Note that the list does not include any motions in adversary proceedings, i.e., the “passive notice” procedure may not be used in adversaries.
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.”
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.
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.
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.
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.
Back to Top
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.
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).
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).
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.
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.
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.
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.
Back to Top
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).
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.
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.
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.
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.
Back to Top
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: www.polis.parliament.uk/pop-up-blockers.asp.
Where can I go to pay my outstanding fees?
Under the “Utilities” menu, under “Your Account” click “Internet Payments Due.”
I tried to pay my fee but it says I don’t owe anything.
Check to see if you have signed on using the same login that you used when you filed the document for which a fee is due. If not, you need to log out and back in under the correct login.
How can I find out when I paid a fee?
Under the “Utilities” menu, under “Your Account” click “Internet Payment History.” Insert the date range and submit.
What do I do if I want to pay a filing fee in installments?
When you file an application to pay in installments, enter “0.00" in the amount field.
Back to Top
I am trying to file a proof of claim for a creditor. The creditor is listed in the case, but the address for the creditor is incorrect. How can I change the address?
You cannot change the address, but can add a new address by selecting “Add Creditor” and entering the creditor’s name and the correct address.
I represent a debtor and I (or my client) have a conflict on the date that has been set for the 341 meeting. How do I reschedule the meeting?
First, ask the trustee to reschedule the meeting.
Second, if the trustee agrees to reschedule the meeting, prepare a notice of the rescheduled meeting stating the date and time of the rescheduled meeting as specified by the trustee. The notice must include a certificate of service showing that you have sent copies to all creditors and other parties in interest requesting notices.
Third, file the notice, choosing the event “Certificate of Service” under “Other” under the “Bankruptcy” menu, and link it to the entry rescheduling the meeting (which the trustee’s office should have already made). Do not select “Notice of Hearing” as the event type.
If I file a claim in the wrong case, what do I do?
Prepare a new document withdrawing the proof of claim and file it using the event “Withdrawal of Claim” on the “Claim Objection/Actions” page under the “Bankruptcy” menu. Never withdraw a claim under the category “File Claims.” This category is for filing proofs of claim only.
Back to Top