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Motions

  • Motions

(Please see Local RULE 9013-1. MOTIONS; FORM AND SERVICE)

{Please also see our Guide to Rules, Proceedings and Hearings and Motion Procedure.}

You may also wish to visit the CM/ECF Utilities Menu Option:  Mailing Information for a Case Report. You will be required to be logged into CM/ECF to run this report. You may run this report to see who is set up to receive electronic notice in a case and to also see who may require paper notices. This may be useful when considering the Certificate of Service.

*** If you are filing a combined Motion, such as a Motion for Relief from Stay and Motion for Abandonment, you will see duplicate reminder messages, as these are contained within each motion event. You must contiune to complete each screen and press Next as prompted. Your motion has not been "filed" until you receive the Notice of Electronic Filing. ***

Filing a Motion Video

General Motions

  • Select Bankruptcy
  • Select Motions
  • Type correct case number to match the document you are filing
  • You MUST highlight each relief that you are requesting.
  • Select Document Event:  Be sure to select each relief requested.
  • Check if joint filing with other attorney only if another attorney has signed the document if not, select next.
  • Select Party Filer.
  • Party Filer not listed. Add / Create New Party.
  • Browse, Verify and attach the document (pdf file).
  • Attach supporting documents, if applicable.
  • Make a Note of the Form 420 that is required for the Notice of Motion Event and Form.
  • Complete the screens as prompted.
  •  NEXT docket a Notice of Motion/Hearing Set using the required local form. See our Hearing Dates for Motions Page.
  • Complete the Certificate of Service Screen. Choose First Option if all parties will receive electronic notice. Choose Second Option if you will be mailing paper notices, in addition to the electronic notices sent by the court.
  • Modify text, if applicable.
  • Warning!! Verify filing entry is correct before submitting the "Final Docket Text."
  • Save the Notice of Electronic Filing.

*** Your motion must be "filed" before you can upload your Proposed Order. ***

  • Upload your Proposed Order

Uploading a Proposed Order Video

{Please refer to our E-Orders Page}

*** Your motion must be "filed" before you file your Notice of Motion. ***

  • File your Notice of Motion

Filing a Notice of Motion Video

{Please refer to our Hearing Dates for Motions Page for instructions on our December 1st, 2021 Procedure changes.}

Please Note:

  • There are now Bankruptcy Notice Events and Adversary Notice Events.

  • You must select the correct Hearing for the type of Notice that you are filing.

  • Some new forms were created. The motion events will specify which 420 Notice to use.

  • 420G (Motion to Extend Automatic Stay 362(c)(3)(B) and Motion to Determine Automatic Stay has taken effect after imposed 362(c)(4)(B). These will still require the filer to call the court for Hearing Information, as they have in the past.

  • You must comply with the instructions herein or you will not be in compliance with this court's procedure.

 

  • Select Bankruptcy
  • Select Notices
  • Type correct case number to match the document you are filing
  • Select 420 Notice Document Event:  Refer to our Hearing Dates for Motions Page for instructions for this procedure. Consult the Guide To Rules for the Event and Form Required for your Motion.
  • Check if joint filing with other attorney only if another attorney has signed the document if not, select next.
  • Select Party Filer.
  • Party Filer not listed. Add / Create New Party.
  • Browse, Verify and attach the document (pdf file).
  • Attach supporting documents, if applicable.
  • Select the Correct 420 Form as noted in the Motion Event, Guide to Rules, etc. The Hearing Date and Hearing Time, and Hearing Location will populate your event and form. Refer to the Hearing Dates for Motions Page if you need further instruction.
  • Select the motion your Notice of Motion relates to.
  • Complete the Certificate of Service Screen. Choose Option one if all parties will receive electronic notice. Choose Option two if you will be mailing paper notices, in addition to the electronic notices sent by the court.
  • Modify text, if applicable.
  • Warning!! Verify filing entry is correct before submitting the "Final Docket Text."
  • Save the Notice of Electronic Filing as a pdf file.
  • Print the Form 420 Notice of Motion and Opportunity for Hearing containing the footer of the printed document number, the filed date and time. To do this, you will need to go to the Docket Report and Select the correct document number. Save this notice to your computer first and then print the notice.
  • Mail your Motion and 420 Notice of Motion to the required parties based on the Bankruptcy Rules. {Please see our Guide to Rules for proper noticing.
  • Prepare a Certificate of Mailing for the Motion and Notice. The Certificate of Mailing should state "All parties were notified of the Motion and Notice by CM/ECF". In addition, if additional parties were noticed by U.S. Mail, you must state the name and address of each party and state they were noticed by U.S. Mail. If mailed to all Creditors on the mailing matrix, you must attach a mailing matrix to your Certificate of Mailing.
  • File your Certificate of Mailing using the event: Certificate of Mailing. Choose the box if all parties were noticed by electronic notice. Browse and attach your .PDF Certificate of Mailing file.

 

Please refer to our Online Payments Page if your motion requires a fee.

 

 

If you have any questions, call the Clerk’s Office at 918-549-7200.