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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?
The Exhibit D Form is no longer required with the filing of a Voluntary Petition (Form B 101). Part 5 of the Voluntary Petition deals with a debtor's efforts to receive credit counseling .
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.
When filing a new case in ECF, what can be included with the petition?
The following documents can be included with the petition: Schedules A/B – J (plus Summary and Declaration), Statement of Financial Affairs, Statement of Intent, Attorney Disclosure, 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 121 (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.
I forgot to attach the supporting documents to the main document I just filed in ECF. What can I do?
Exhibits and other attachments can be filed separately from the main document. To do so, log in to ECF and click on Bankruptcy/Adversary, then select Miscellaneous. Choose ‘Support/Supplemental documents from the menu provided. This event will allow you to link the exhibit documents back to the originally filed document, and will allow you to modify the docket text accordingly.
I need to file a Motion for Summary Judgment in a bankruptcy case, not an adversary proceeding. However, there is no such Bankruptcy/Motions event. How do I file it?
File the Motion for Summary Judgment under Adversary/Motions/Summary Judgment.
When asked for the case number, input the bankruptcy case number instead of the adversary case number. This will ensure the motion is filed in the main bankruptcy case as opposed to the adversary proceeding.
What do I do if I filed the wrong document in a case?
Send an email to the Court’s Quality Assurance/Edit Request Department at email@example.com., include the case number, debtor’s name, the document number of the docket entry that needs to be corrected, and an explanation of the error.
The Quality Assurance representative will make a corrective entry to the docket, but will not delete the incorrect document. Instead, the QA Representative will mark the entry as incorrect, and the filing party will be responsible for re-filing the correct document.