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5 Miscellany

Here is a series of unrelated pointers added at the request of several Court employees when asked if they had anything to add to a handbook covering a few limited motions. Responses were prefaced with, “not on those subjects, but could you mention . . . .” Some of these pointers are outside the scope of Motion Practice but are included in the hope they prove helpful.

- Except for the B121, redact the first 5-digits of any Social Security Numbers in your docs.

Remanding matters from state Court is done by opening an Adversary Proceeding and selecting “2. Removed From Non-Bk Court” as the Origin. It is a state Court lawsuit becoming a bankruptcy Court lawsuit – an AP.

- If filing an Expedited Complaint for Turnover in a Chapter 13, be sure to select “n” for Complaint on the second page of the Open Adversary Case screens.

Motions for Contempt and Motions for Sanctions are not 9013 Motions.

Motions to Reconsider are not 9013 Motions. The exception is a Motion to Reconsider an Order Allowing or Disallowing a Claim under Fed. R. Bankr. P. 3008.

- The CM/ECF item “Motions > Other Motions/Applications > Generic Application” is provided for those rare, completely unique motions which are not in our events dictionary. Before choosing Generic Application, please use the Search feature in ECF on the Bankruptcy and Adversary screens to see if we have a CM/ECF filing event available to fit your needs.

- When opening an Adversary Proceeding and entering “Plaintiff Information,” be sure to select the box “Attorney...” and add the attorney registered to receive notice. Although the plaintiff attorney’s office is logged onto CM/ECF and filing the complaint, this function adds the attorney to the case for purposes of receiving electronic notices.

- The following documents should be filed separately from the Petition:

  • Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B)
  • Application for Individuals to Pay Filing Fee in Installments (Official Form 103A)
  • Certificate of Credit Counseling
  • Statement of Exemption from Presumption of Abuse Under § 707(b)(2) (Official Form 122A-1 Supp.)
  • Certification of Exigent Circumstances regarding credit counseling
  • Statement About Your Social Security Numbers (a private event) (Official Form 121)
  • Chapter 7 Statement of Your Current Monthly (Official Form 122A-1)
  • Chapter 7 Means Test Calculation (Official Form 122A-2)
  • Chapter 11 Statement of Your Current Monthly Income (Official Form 122-B)
  • Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period (Official Form 122C-1)
  • Chapter 13 Plan (Local Form, Appendix D)
  • Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy (pro se case only) (Bankruptcy Form B 2010)