6.1 Use of the Search Feature in CM/ECF
Most of the questions posed to the Clerk’s Intake Department by Filers deal with not knowing, or what choice should be made, when filing a document in CM/ECF. While it appears to be simplistic, the first question an Intake Clerk will ask is the title of the document. If a remedy is requested under Title 11 of the U.S. Code or pursuant to the Federal Rules of Bankruptcy Procedure and that remedy (1) aligns with a bankruptcy statute or rule and (2) is reflected in the title of the document, then CM/ECF has a dictionary event that applies.
The best tool to use is the Search feature. Once you have logged on CM/ECF, go to the Search feature located on the top ribbon of CM/ECF:
Click on the Search and a search box opens:
Type in a portion of a word to get the broadest search. For example, if you are looking for a Motion for Relief from the Automatic Stay Pursuant to 11 U.S.C. § 362, type in “stay.” CM/ECF will populate all dictionary events that deal with filing a document using the word “stay.” See, image below.
Use of the Search feature is the quickest and easiest way to find a CM/ECF dictionary event that meets you needs.
Please note: While our Intake employees do the very best they can in assisting you with filing a document, please know that 28 U.S.C. § 955 prohibits any Clerk employee from “practicing law.” A Clerk employee cannot determine or construe what a document might substantively or legally mean for you. They also cannot provide any advice about a filing, or what steps should be taken to obtain the relief requested in a pleading. They can assist with helping you find a CM/ECF dictionary event or assist you with any other procedural matters related to the Clerk’s office.
6.2 Converting a Document to PDF
The electronic filing application only allows the filing of Portable Document Formats (PDFs). All documents must be converted to a PDF using a recognized, standard .pdf format prior to browsing and attaching the document for filing in CM/ECF. While there are several free PDF converters and editors online, please make sure you are using one that is compatible with CM/ECF.
6.3 Choosing the Right Party When Filing
To ensure that the correct party is linked or associated with the CM/ECF dictionary event you are filing, make sure that on the Attorney screen that prompts you to choose a party, the correct party role-type (Attorney party, Pro Se Filer, etc.) is selected. If you do not find yourself on the listing, then “Add/create new attorney” by clicking on the link and following the screens. Do not leave out any information. You can now choose the correct party and continue to the “Select the Party” screen. Just like the previous screen, ensure you pick the correct party. This will associate your CM/ECF account with the party on whose behalf you are filing (i.e., Debtor, Creditor, etc.). See, image below for example of associated party and Filer.
Docket Entry Example:
Motion to Assume Lease or Executory Contract. If timely response hearing will be held on 2/20/2024 at 09:30 AM, Courtroom 1 (Virtual hearing if allowed; see website for details); 701 Broadway, Nashville, TN 37203. Responses due by 2/13/2024. (Attachments: # 1 Exhibit Lease # 2 Proposed Order) Certificate of Service mailed on 01/23/2024. Filed on the behalf of: Creditor ABC Company. (DOE, JOSEPH) (Entered: 01/23/2024)
6.4 Making an Error When Filing in CM/ECF
Not all filling mistakes are created equal. If you make a mistake that is procedural in nature, it is easy to correct in CM/ECF. Most times, by notifying the Clerk, the mistake can be rectified simply by clarifying the docket. Other errors may result in your attempted filing being unprocessed by the Clerk or denied by the Judge.
6.4.1 What is procedural in nature?
The best way to explain it is to provide some examples:
When the case data or association is incorrect:
• Scenario 1. At the time of case opening and filing the voluntary petition, I committed a typographical error on the debtor’s name and the case opening data reflected on the CM/ECF screen does not match the debtor’s name on the first page of Official Form 201. How do I fix the way that name appears on the ECF screen?
• Scenario 2. When I filed the answer in the adversary proceeding, I selected the debtor/plaintiff as the party rather than the defendant who I represent. What do I do now?
• Scenario 3. I filed a Motion for Compromise and Settlement. I picked the wrong party. I do not represent the party I picked from the Select the Party screen. Is there anything I can do?
How to “fix” it:
• File a Notice to Correct and/or Change ECF Party Information located under
o Bankruptcy Events > Miscellaneous > Other/Notices > Notice to Correct/Change ECF Party Information; or
o Adversary Events > Miscellaneous > Other > Notice to Correct/Change ECF Party Information
• This is a browse and attach event in CM/ECF. You must attach a .pdf document entitled, “Notice to Correct/Change ECF Party Information” (“Notice”) specifically stating the error that was made and how the data should read in in CM/ECF if it had been filed correctly.
• This is an administrative/procedural request that is addressed directly by the Clerk and does not go before the Court. The Clerk makes the correction to the record.
6.4.2 What does the Filer file in the different scenarios and how is the docket corrected by the Clerk?
• Scenario 1. File the Notice indicated above and state in the Notice: “At the time of case opening and filing the Chapter 7 case, the Filer erroneously transposed the first two letters of the debtor’s last name when typing the name in the case opening data. The Filer requests the Clerk correct the ECF case opening data to reflect the debtor’s correct last name as shown on the first page of Official Form 201.”
Correction: If the data that creates the form Notice of Chapter 7 Bankruptcy Case has been uploaded to the Bankruptcy Noticing Center, the debtor’s correct name will be added as an “aka.” At this point, the names cannot be replaced. The information originally input at case opening is now posted on the form that goes to all creditors. The original case information is part of the ECF data record that cannot be deleted. The Clerk will add the correct name as an “aka” for the debtor so that a search on PACER will link the original name on the notice and the “aka” with the debtor’s social security number for verification by parties and creditors of the debtor’s bankruptcy filing.
• Scenario 2. File the Notice under the adversary event and state in the Notice: “When the Answer to the Complaint was filed in the above-referenced adversary proceeding, the incorrect party was chosen by the Filer. The Filer requests the Clerk correct the adversary record to reflect that the Filer does not represent Joe P. Smith (Creditor) in the proceeding but instead the Filer should be associated, and represents, John P. Smythe (Defendant) in the AP.”
Correction: The adversary proceeding data will be corrected to reflect that “Defendant” John P. Smythe is “represented by” James D. Jones. Docket entry #11 will be corrected to reflect that the Answer was “Filed on behalf of: Defendant John P. Smythe (RE: related document(s) 1, 2) (JAMES D. JONES) (Entered: 02/10/2021).” The CM/ECF “Parties” screen will also be corrected accordingly in the AP.
• Scenario 3. File the Notice and state in the Notice: “When the Motion for Compromise and Settlement was filed, the attorney picked the incorrect party, James D. Jones. The docket entry at #47 should reflect that the motion is filed on behalf of Debtor Mary Delaney.”
Correction: Same as scenario 2 above, the Clerk will make any association changes to the main bankruptcy case data, docket entry, and Parties screen to link and associate the correct party with the correct legal representative.
6.4.3 Practice Pointers
Below is a series of unrelated pointers added at the request of Filers and internal Court users. Some of these pointers are outside the scope of Motion Practice but are included in the hope they are of assistance to Filers.
- Except for the B121, redact the first 5-digits of any Social Security Numbers in your docs. Refer to FED. R. BANKR. P 9037.
- 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 Motion” is provided for those rare, completely unique motions which are not in our CM/ECF events dictionary. Before choosing the Generic Motion event, please use the Search feature in CM/ECF on the Bankruptcy and Adversary screens to ensure there is no other CM/ECF filing event available that fit your needs. Continued use of the Generic Motion event when a CM/ECF dictionary event is available may subject a Filer to the Court taking some action to remedy the situation.
- When opening an Adversary Proceeding and entering “Plaintiff Information,” be sure to select the box “Attorney...” and add the attorney registered (Plaintiff’s attorney) to receive notice (Notice of Electronic Filing – NEF). Although the plaintiff attorney’s office is logged to CM/ECF and filing the complaint, this function adds the attorney to the case for purposes of receiving electronic notices.
See, TNMB Website – ECF Docketing Adversary Proceeding
- 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)
- Refer to ECF Procedure 11 which addresses what types of documents should be filed separately and what reliefs should not be combined in a single motion.