Can a pro se debtor file documents electronically?
The clerk's office only allows attorneys, trustees, and creditors filing on behalf of a company to register as electronic filers.
What event should I use for a Motion to Abandon?
The proper event to use for a Motion to Abandon is the Motion to Compel event. As you go through the screens, you will be asked if it is a motion to abandon property at which point you select the "Yes" radio button. Then proceed until you finalize your filing.
How do I inititate a removal from state court?
A removal is initiated in bankruptcy court by filing a Notice of Removal as a new Adversary Proceeding within the related Bankruptcy Case.Fed.R.Bankr.P.9027 provides guidelines regarding the actions to be taken when filing a notice of removal. A notice of removal is an adversary proceeding and the proceeding should be styled exactly as the lower court action. A separate filing fee is required pursuant to 28.U.S.C. §1930, unless the United States, the debtor, or a child support creditor or its’ representative is the party seeking the removal.Fed.R.Bankr.P.9027(a)(1) specifies where the notice of removal shall be filed.
An Adversary Proceeding Coversheet is required with each Adversary Case. Although the instructions indicate that if you are filing the adversary case electronically you do not need to file the coversheet, our Local Rules require that each adversary case must be accompanied by an Adversary Proceeding Coversheet.
Which event do I use to file an Exhibit D?
If the Bankruptcy Petition was filed without the Exhibit D, choose Miscellaneous, then Amended Petition. As you go through the screens, you will be asked "What are you filing this amended petition for?" It will list 3 options to choose from, click the "Exhibit D" radio buttion and proceed to finalize your transaction.
If an attorney leaves the firm, how can I replace the old attorney with a new one?
In order to substitute an attorney who is leaving the firm, but is still employed there, with another firm attorney, you must file a Notice of change of Lead Counsel. This event will allow you to terminate the previous attorney associations and replace the association with another attorney. You will find this event under the Bankruptcy Menu > Notices> Notice of change of lead counsel.
How can multiple attorneys listed on one notice of appearance be added to a case?
The ECF system does not allow a filing attorney to add additional attorneys to a case through one notice of appearance. Each attorney will need to file a notice of appearance using his or her own login which triggers ECF to send electronic notice to the filing party.
How do I file a social security statement to satisfy the Employee Income Record deficiency?
If you wish to file a social security statement to satisfy the Employee Income Records requirement, select the "Employee Income Record" event under the "Schedules/Statements/ New Case Deficiencies" category. When you are prompted to select a radio button from the 5 choices provided, select the last option which reads "Debtor is retired and received no regular income 60 days prior to petition date." The following screen will allow you to attach your social security statement as a pdf.
Do I still need to file employee income records for my client who is retired?
Yes. This requirement can be satisfied by using the "Employee Income Records" event code found under the "schedules/statements/new case deficiencies" category in ECF. This event contains a screen that provides five (5) options to choose from which includes "Debtor is retired and received no regular income 60 days prior to petition date." Choose this option to satisfy the employee income records deficiency.
If you are a pro se debtor, you can satisfy this requirement by filing a statement with the clerk's office.
When filing a new case in ECF, what can be included with the petition?
The following documents can be included with the petition: Exhibit D, Schedules A – J, Statement of Financial Affairs, Statement of Intent, Attorney Disclosure, Notice to Individual Consumer Debtors, Statement of Currently Monthly Income or Means Test, and Verification of Mailing List coverpage with a list of the creditors (Creditor Matrix).
The following documents must be filed separately from the petition: Form 21 (Social Security Number verification), Certificate of Credit Counseling (for both debtor and joint debtor), Employee income records (60 days of paystubs/checks), Chapter 13 Plan and Authorization for Pre-confirmation Disbursement, Certificate of Financial Management.
If a docket event that requires a fee is filed in error or in the wrong case, can the filing fee be refunded?
If a filing that requires a fee is filed in error, in the wrong case, or double filed, the attorney is still responsible for paying the fee. In order to be reimbursed for filing fees incurred erroneously, the attorney will have to petition the Court for reimbursement of the filing fees, which will only be refunded upon entry of an order directing such reimbursement. As such, please be very cautious when using fee events, since a refund is not guaranteed.