Chapter 11 - Motions | United States Bankruptcy Court

Motions

The motions below should be filed by selecting the appropriate motion event and using the instructions under Filing Motions (General).

Motion for Abstention	Motion to Dismiss Single Debtor
Motion for Access to Tax Documents	Motion to Extend Automatic Stay
Motion for Adequate Protection	Motion to Extend Plan Payments
Motion for Appointment of Ombudsman	Motion to Extend Time
Motion for Conditional Use of Cash Collateral	Motion to Extend Time to Appeal
Motion for Contempt	Motion to Extend Time to File Credit Counseling Certificate
Motion for Continuation of Utility Service	Motion to Extend/Limit Exclusivity Period
Motion for Damages for Creditor Misconduct	Motion to File Amended Proof of Claim
Motion for Default Judgment	Motion to File Claim After Claims Bar Date
Motion for Entry of Default	Motion to Impose Automatic Stay
Motion for Examination	Motion to Incur Debt
Motion for Exemption from Credit Counseling	Motion to Intervene
Motion for Exemption from Financial Management Course	Motion to Limit Notice
Motion for Exemption from Means Test	Motion to Modify Plan
Motion for Extension of Time Regarding Transcript	Motion to Obtain Credit
Motion for Hardship Discharge	Motion to Pay
Motion for Intra-District Transfer	Motion to Prohibit Cash Collateral
Motion for Joint Administration	Motion to Reconsider
Motion for Jury Trial	Motion to Recuse Judge
Motion for Leave to Appeal	Motion to Redeem
Motion to Reinstate Case
Motion for Moratorium	Motion to Reinstate Retiree Benefits
Motion for More Definite Statement	Motion to Reject Lease or Executory Contract
Motion for Order to Show Cause	Motion to Release Funds
Motion for Preliminary Injunction	Motion to Remove Debtor as Debtor in Possession
Motion for Production of Documents	Motion to Remove Professional
Motion for Protective Order	Motion to Remove Trustee
Motion for Sale of Property	Motion to Reopen Adversary Proceeding
Motion for Sanctions	Motion to Reopen Chapter 11 Case
Motion for Summary Judgment/Adjudication	Motion to Reopen Chapter 12 Case
Motion for Temporary Restraining Order	Motion to Reopen Chapter 15 Case
Motion for Turnover of Property	Motion to Reopen Chapter 7/13 Case
Motion for Withdrawal of Reference	Motion to Restrict Public Access
Motion Miscellaneous Relief	Motion to Sell Property Free and Clear
Motion Objecting to Discharge	Motion to Set Last Day to File Proofs of Claim
Motion Setting Property Value	Motion to Substitute Attorney
Motion to Abandon	Motion to Use Cash Collateral
Motion to Abstain and Remand	Motion to Vacate
Motion to Allow Claims	Motion to Vacate Discharge
Motion to Allow Payment Arrearages	Motion to Waive Appearance at 341 Meeting
Motion to Appear Nunc Pro Tunc	Motion to Withdraw as Attorney
Motion to Appoint Examiner	Motion to Reinstate Case
Motion to Appoint Trustee	Motion to Reinstate Retiree Benefits
Motion to Avoid Lien on Household Goods	Motion to Reject Lease or Executory Contract
Motion to Bar Debtor	Motion to Release Funds
Motion to Cancel Meeting of Creditors	Motion to Remove Debtor as Debtor in Possession
Motion to Change Venue/Inter-District Transfer	Motion to Remove Professional
Motion to Confirm Termination or Absence of Stay	Motion to Remove Trustee
Motion to Consolidate	Motion to Reopen Adversary Proceeding
Motion to Consolidate for Trial	Motion to Reopen Chapter 11 Case
Motion to Deconsolidate Case Association	Motion to Reopen Chapter 12 Case
Motion to Delay Discharge	Motion to Reopen Chapter 15 Case
Motion to Deposit Funds into Court Registry	Motion to Reopen Chapter 7/13 Case
Motion to Determine Final Cure and Mortgage Payment	Motion to Restrict Public Access
Motion to Determine Mortgage Fees and Expenses	Motion to Restrict Public Access
Motion to Determine Tax Liability	Motion to Sell Property Free and Clear
Motion to Disallow Claims	Motion to Set Last Day to File Proofs of Claim
Motion to Dismiss Adversary Proceeding	Motion to Substitute Attorney
Motion to Dismiss Case	Motion to Use Cash Collateral
Motion to Dismiss Case for Abuse	Motion to Vacate
Motion to Dismiss Case for Failure to File Documents	Motion to Vacate Discharge
Motion to Dismiss Case for Failure to Make Plan Payments	Motion to Waive Appearance at 341 Meeting
Motion to Dismiss Party	Motion to Withdraw as Attorney

Filing Motions (General)

Click the Bankruptcy hyperlink on the CM/ECF Main Menu.

Click Motions/Applications hyperlink.
Enter Case Number, click Next.
Scroll down and select [the name of the Motion], click Next.
Select the Party. If not listed, click Add/Create New Party.
Click Next.

Note: If it is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Click Next.

Associate the pdf file of the [name of the Motion], click Next.
Edit the docket text if necessary.
Click Next.
Review final docket text.
Click Next.

Motions (with Reference)

The motions are those which reference pleadings which are already on the docket. They should be filed by selecting the appropriate motion event and using the instructions under Filing Motions (with Reference).

Motion to Amend	Motion to Quash
Motion to Approve Document	Motion to Restrict Public Access
Motion to Bifurcate Case	Motion to Seal
Motion to Continue Hearing	Motion to Set Hearing
Motion to Convert	Motion to Shorten Time
Motion to Dismiss/Withdraw Document	Motion to Stay Pending Appeal
Motion to Expedite Hearing	Motion to Turnover Property
Motion to Expunge

Filing Motions (with Reference)

Click the Bankruptcy or Adversary hyperlink on the CM/ECF Main Menu.

Click Motion/Applications hyperlink.
Enter Case Number
Click Next.
Select [the name of the Motion], click Next.
Select the Party. If not listed, click Add/Create New Party.

Note: If this is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Associate the pdf file of the [Motion], click Next.
Place a check mark in the box " Refer to Existing Event"
Click Next.
Select the category to which your event relates.
Click Next.
Select the appropriate event (s) to which your event relates:
Place a check mark in the box next to the document, click Next.

Edit the docket text if necessary.

Click Next.
Review final docket text.
Click Next.

Amended Application/Motion

Click the Bankruptcy or Adversary hyperlink on the CM/ECF Main Menu.

Click Motions/Applications hyperlink.
Enter Case Number
Click Next.
Select Amended Application/Motion
Click Next.
Click Next.
Select the Party.
Click Next.

Note: If this is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Click Next.
Click Next.
Associate the pdf file of the Amended Application/Motion.
Click Next.

Note: The following question displays:

"Which are you filing, a Motion or an Application?

Enter appropriate answer.
Click Next.

Note: The following question displays:

"Are you rescheduling the hearing date? Click on the radio button for Yes or No.

Note: The following reminder message displays:

Please terminate the original motion on the next screen.

Pending Documents to be terminated displays:

Place a check mark in the box of the document to be terminated.

Click Next.

Relate This Filing To The Original Application/Motion displays

Click Next.
Place a check mark in the box of the related event.
Click Next.
Select the appropriate event(s) to which your event relates:
Click Next.

Please enter the original hearing date below.

Click Next.
Edit the docket text if necessary.
Review final docket text.
Click Next.

Motion to Assume/Reject

Click the Bankruptcy hyperlink on the CM/ECF Main Menu.

Click Motion/Applications hyperlink.
Enter Case Number
Click Next.
Select Assume/Reject, click Next.
Select the Party. If not listed, click Add/Create New Party.

Note: If this is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Click Next.

Select applicable document description. Do not bypass this screen.

Assume Lease or Executory Contracts

Reject Lease or Executory Contracts

Click the radio button. Click Next.
Click Next.

Associate the pdf file of the Motion to Assume/Reject, click Next.

Edit the docket text if necessary.

Click Next.
Review final docket text.
Click Next.

Motion to Redact Previously Filed Document

Refer to the District Procedure for Motion to Redact Previously Filed Document prior to docketing the Motion to Redact Previously Filed Document.

Click on Bankruptcy or Adversary hyperlink on the CM/ECF Main Menu Bar.
Click on the Motions hyperlink.
Enter the Adversary Proceeding or Bankruptcy Case Number. Click Next.
Select the Redact Previously Filed Document event code from the available event menu. Click Next.
Select the appropriate party from the pick list. Click Next. If party is not listed, click Add/Create New Party and follow the prompts to add a new party.
A message will appear “Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.” Click Next.
Click on Browse button to attach PDF document. Click next.
The following message prompt will appear. Click Next.

“Each Affected Motion is Charged a $28 Redaction Fee.”

Follow the prompts for redacting a previously filed document and/or proof of claim, as applicable.
Review final docket text. Click Next.
Notice of Electronic Filing Screen will appear. The transaction is complete.

Motion to Avoid Lien

Click the Bankruptcy hyperlink on the CM/ECF Main Menu.

Click Motion/Applications hyperlink.
Enter Case Number
Click Next.
Select Avoid Lien, click Next.
Select the Party. If not listed, click Add/Create New Party.

Note: If this is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Click Next.
Click Next.

Associate the pdf file of the Motion to Avoid Lien, click Next.
Enter the lien holder
Click Next.

Edit the docket text if necessary.

Click Next.
Review final docket text.
Click Next.

Motion Re: Chapter 11 First Day Motions

Click the Bankruptcy hyperlink on the CM/ECF Main Menu.

Click Motion/Applications hyperlink.
Enter Case Number
Click Next.
Select Chapter 11 First Day Motions click Next.
Select the Party. If not listed, click Add/Create New Party.

Note: If this is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Associate the pdf file of the Motion Re: Chapter 11 First Day Motions, click Next.
Enter the relief type (one relief type per motion)
Click Next.

Edit the docket text if necessary.

Click Next.
Review final docket text.
Click Next.

Motion to Compel

Click the Bankruptcy or Adversary hyperlink on the CM/ECF Main Menu.

Click Motion/Applications hyperlink.
Enter Case Number
Click Next.
Select Compel, click Next.
Select the Party. If not listed, click Add/Create New Party.

Note: If this is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Click Next.
Click Next.

Is this a motion to compel abandonment of property? Please enter yes or no.

Click Next.
Associate the pdf file of the Motion to Compel, click Next.
Click Next.

Edit the docket text if necessary.

Click Next.
Review final docket text.
Click Next.

Motion for Exemption from Credit Counseling

Click the Bankruptcy hyperlink on the CM/ECF Main Menu.

Click Motions/Applications hyperlink.
Enter Case Number, click Next.
Scroll down and select Exemption from Credit Counseling, click Next.
Select the Party. If not listed, click Add/Create New Party.
Click Next.

Note: If it is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Click Next.

Associate the pdf file of the Motion for Exemption from Credit Counseling, click Next.

Exemption Due to : Enter a reason for the exemption.

Edit the docket text if necessary.
Click Next.
Review final docket text.
Click Next.

Motion for Extension of Time Regarding Transcript

Click the Bankruptcy hyperlink on the CM/ECF Main Menu.

Click Motion/Applications hyperlink.
Enter Case Number
Click Next.
Select Extension of Time Regarding Transcript, click Next.
Select the Party. If not listed, click Add/Create New Party.

Note: If this is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Click Next.

Click Next.

Associate the pdf file of the Motion for Extension of Time Regarding Transcript, click Next.

Select Original Transcript for Which Extension of Time is Requested

Select the appropriate event(s) to which your event relates

Click Next.
Edit the docket text if necessary.

Click Next.
Review final docket text.
Click Next.

Motion for Jury Trial

Click the Adversary hyperlink on the CM/ECF Main Menu.

Click Motions hyperlink.
Enter Case Number, click Next.
Scroll down and select Jury Trial, click Next.
Select the Party. If not listed, click Add/Create New Party.
Click Next.

Note: If it is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.
Click Next.
Associate the pdf file of the Motion for Jury Trial, click Next.
Update Jury Demand.
Click Next.
Edit the docket text if necessary.
Click Next.
Review final docket text.
Click Next.

Motion for Order to Show Cause

Click the Bankruptcy or Adversary hyperlink on the CM/ECF Main Menu.

Click Motion/Applications hyperlink.
Enter Case Number
Click Next.
Select Order to Show Cause click Next.
Select the Party. If not listed, click Add/Create New Party.

Note: If this is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Click Next.
Associate the pdf file of the Motion for Order to Show Cause, click Next.
Enter what it is regarding.
Click Next.

Edit the docket text if necessary.

Click Next.
Review final docket text.
Click Next.

Motion for Reaffirmation Agreement

Click the Bankruptcy hyperlink on the CM/ECF Main Menu.

Click Motions/Applications hyperlink.
Enter Case Number, click Next.
Scroll down and select Reaffirmation Agreement, click Next.
Select the Party. If not listed, click Add/Create New Party.
Click Next.

Note: If it is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Click Next.
Click Next.

Effective December 1, 2009, a Reaffirmation Agreement Cover Sheet (Official Form B 427) is required. Are you submitting the required cover sheet with this reaffirmation agreement? Enter Yes or No

Click Next.

Associate the pdf file of the Motion for Reaffirmation Agreement, click Next.
Enter the name of the creditor for this reaffirmation Agreement:
Click Next.
Edit the docket text if necessary.
Click Next.
Review final docket text.
Click Next.

Motion to Reconsider

Click the Bankruptcy hyperlink on the CM/ECF Main Menu.

Click Motions/Applications hyperlink.
Enter Case Number, click Next.
Scroll down and select Reconsider, click Next.
Select the Party. If not listed, click Add/Create New Party.
Click Next.

Note: If it is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Click Next.

Select applicable document description. Do not bypass this screen.

Click Next.

Associate the pdf file of the Reconsider, click Next.

Place a check mark in the box " Refer to Existing Event"
Click Next.

Select the category to which your event relates, click Next.

Select the appropriate event (s) to which your event relates: click Next.

Edit the docket text if necessary.
Click Next.
Review final docket text.
Click Next.

Motion For Relief from Stay

This explains how to docket a two-part motion. The example illustrated is for a Motion for Relief from Stay and Adequate Protection.

Click the Bankruptcy hyperlink on the CM/ECF Main Menu.

Click Motions/Applications hyperlink.
Enter Case Number, click Next.
Scroll down and select Relief from Stay

Note: If there is also a request for 'in the alternative adequate protection" Hold your control key down and select "Adequate protection".

Select the party you represent, if not listed, click Add/Create New Party.
Click Next.

Note: If it is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Click Next.
Click Next.
Associate the pdf file of the Motion for Relief from Stay or in the Alternative Adequate Protection, click Next.

Enter the RS # if your case is filed in the San Jose or Oakland Divisions. RS Numbers are assigned by the attorney. It is recommended that you maintain a log in your office of RS numbers assigned.

The naming convention to use when assigning numbers is:

Your three initials of your name (All UPPER CASE) and a 3-digit number starting with 001 (i.e. SDH-001, SDH-002)

Click Next.
Pay the fee.
Click Next.
Edit the docket text if necessary.
Click Next.
Review final docket text.
Click Next.

Motion to Review Fees

Click the Bankruptcy hyperlink on the CM/ECF Main Menu.

Click Motions/Applications hyperlink.
Enter Case Number, click Next.
Scroll down and select Review Fees click Next.
Select the Party. If not listed, click Add/Create New Party.
Click Next.

Note: If it is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Click Next.
Click Next.

Associate the pdf file of the Motion to Review Fees, click Next.
Enter of Whom?
Click Next.
Edit the docket text if necessary.
Click Next.
Review final docket text.
Click Next.

Motion to Waive Fee

Click the Bankruptcy or Adversary hyperlink on the CM/ECF Main Menu.

Click Motions/Applications hyperlink.
Enter Case Number, click Next.
Scroll down and select Waive Fee, click Next.
Select the Party. If not listed, click Add/Create New Party.
Click Next.

Note: If it is your first time docketing on a case the following message will display:

"The following attorney/party associations do not exist for this case.

Please check which associations should be created for this case."

Place a check mark in the box to establish the association.

Click Next.

Are you setting a hearing on the court calendar for this motion? If yes, a notice of hearing must be filed separately.

Click Next.

Associate the pdf file of the Motion to Waive Fee, click Next.

Is this regarding an application for in forma pauperis? Yes or No

Click Next.

Select the category to which your event relates, click Next.

Select the appropriate event (s) to which your event relates: click Next.

Edit the docket text if necessary.
Click Next.
Review final docket text.
Click Next.

Text Size:

Chapter 11 - Motions

Motions

Quick Links

User Manual by Chapter