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How to File New Cases

Bankruptcy Cases

Filing the Petition

To file a petition in CM/ECF, access the Bankruptcy menu and select Open Voluntary BK Case. This utility will prompt you to add the debtor(s), collect statistical information, and allow you to upload the petition. Your attorney information will be automatically added to the docket sheet as representing the debtor(s).  You will also be prompted to indicate how the case filing fee will be paid. The case will automatically be assigned to the appropriate divisional location based on the county indicated, and a judge and trustee will be assigned immediately upon case opening. 

Fee Payments

During case opening in CM/ECF, you will be asked how the case filing fee will be paid. You may indicate that it will be paid in full or that the debtor will request that it be paid in installments or (in the case of chapter 7 individuals) be waived. In the latter two instances, an application must be filed when the case is opened. If the case will be paid in installments, a schedule will be established by the Court. The failure to pay a timely installment may be grounds for dismissal.

Uploading Creditors

After your case is opened, you will be able to upload creditors. The creditor matrix must be in an ASCII file format with an appropriate text extension such as .txt before it can be successfully uploaded into the CM/ECF system. To upload this document, access the Creditor Maintenance utility in the Bankruptcy menu, and select Upload list of creditors file. You will be prompted for a .txt file. 

Other CM/ECF Events

The other case opening documents can be filed using a variety of events found in the Other events accessed from the Bankruptcy menu. This includes:

  • Statement 1015-2 with No Prior / Prior Filing
  • Verification of Creditor Matrix
  • Schedules A-J and Statement of Financial Affairs
  • Certificate of Credit Counseling
  • Statement of Social Security Number - Form 121
  • Chapter 13 Plan (Found in the Plan events.)

Adversary Proceedings

Opening the Case

To file an Adversary Proceeding (AP) in CM/ECF, select Open AP Case from the Adversary menu. Opening an AP involves entering the necessary information regarding the plaintiff, defendant, and basic statistical data. The complaint is incorporated into this process and will not need to be docketed separately. During the filing of this event (unlike the opening of a bankruptcy case), the attorney for the plaintiff must select himself/herself at the attorney selection screen.

You will be prompted to indicate whether this is a complaint (the lead event in the AP), and then you will be required to enter the lead bankruptcy case number, the plaintiff's and defendant's party information, your information as the attorney for the plaintiff, and various information including the nature of the suit. You will then be asked to upload the complaint and indicate the fee status.

Summons

After the adversary complaint has been opened in CM/ECF, a summons must be prepared and filed with the Court. To access the summons, click on Adversary Summons under the Fillable Forms heading in the Adversary menu. Once you have completed the summons, you can file it using the event Summons Issued. You will be asked to indicate the defendant that the summons is being issued on. 

If you issue the summons and serve it on the same date, you may use the event Summons Issued and Served. Otherwise, you may indicate service later using Summons Service Executed.