GENERAL

INFO.

 

Some amendments to schedule require that a filing fee be paid. For example, an amendment to “Schedule F” that adds or changes creditor name and address information requires the payment of a filing fee.  To determine if a fee is due for your amendment, check our website at www.kyeb.uscourts.gov, or call the help desk at (859) 233-2608 Ext. 274.

 

NOTE:  There is a separate event for the filing of an amendment when no filing fee is due.  There is also a separate event for the filing of amended Schedules I and J.

 

 

 

REVIEW OF PLEADING PRIOR TO FILING

 

Many improper amendments are being filed since the switch to CM/ECF.  These problems usually seem to be the result of preparing the amended schedule with petition preparation software.  Most software packages simply re-create the schedule page with the word “Amended” at the top.  Unfortunately, they fail to include a number of required sections as listed below:

 

ü      The pleading should contain a proper styling to identify the court, debtor(s) names, and case number.

ü      The body of the pleading should identify what list, schedule, etc. is being amended and how.

ü      The signature of the debtor(s) under penalty of perjury is required for all amendments to lists, schedules, or statements.

ü      The pleading must contain a “Certificate of Service” showing service upon the trustee, US trustee, and any creditors who are affected by the amendment.

ü      If you are adding creditors, the amendment should also include a new mailing matrix that lists ONLY the creditors names and addresses that are being added.

 

NOTE:  If you prepare an amendment using petition preparation software, you will need to insert a cover sheet (see the example at the end of this section) into the .pdf document created by the software.  This cover page needs to contain all the appropriate signatures before being converted to .pdf format and filed.  If you are adding creditor(s), you will also need to insert the new matrix to the same .pdf document.  See the separate instructions on inserting .pdf pages in “Adobe Acrobat Information”.  Or, you can print the pages, obtain the signatures, scan the pages to convert them, and then file the .pdf document.  See the separate instructions on “Scanning Documents”.

 

 

 

HELP SCREENS

 

Help is available for most screens by clicking on the  button.  The help box will display describing the fields and what entry is required for the window you are currently viewing.

 

 

Click on the  button at the upper right hand corner of the screen or the  button to close the help screen.

 

 

 

STEP 1

 

Log in to the CM/ECF System using your ECF Login and Password if you aren’t already logged in.

 

NOTE:  After logging in, if you click on Netscape Navigator’s  (resize) button accidentally instead of clicking the minimize  button, or if you drag the sides to resize the Netscape window, there is a Netscape Navigator bug which will throw you out of your CM/ECF session and you will lose all the information that you have entered up to that point.  So, resize the window before you login!

 

 

 

STEP 2

 

Click on “Bankruptcy” in the blue menu bar at the top of the screen.

                                   

 

 

 

 

STEP 3

 

Click on the  hyperlink in the categories list.

 

 

 

STEP 4

 

The “Miscellaneous” case number screen will display next.  It may contain the case number of the last case you have been using during the current login session.

 

 

Change the case number if necessary. 

 

NOTE:  If you change the case number, the system may display the following message regarding the case number format. 

 

 

Click the  button or the  button and try entering the case number again.

 

 

 

STEP 5

 

Click the  button.

 

 

 

MISC.

EVENT

SELECTION

BOX

 

The “Miscellaneous” events selection box will now display.

 

 

 

 

STEP 6

 

Click on the “Amended Schedule (Fee Due)” entry to highlight and select it.

 

 

 

 

STEP 7

 

Click the  button.

 

 

 

STEP 8

 

The opportunity to include information about whether the pleading is being filed jointly with another attorney will now appear.  If you are filing jointly, follow the steps set out in the separate instructions on the “Joint Filing Option”.

 

For the training case you are not filing jointly, so, click the  button.

 

 

 

STEP 9

 

The “Select the Party” screen now displays.

 

 

Since you represent the debtor(s), your client should always be in the list.  Click on the debtor to select him/her, or click and drag to highlight and select joint debtors.

 

 

 

STEP 10

 

Click the  button.

 

 

 

STEP 11

 

You then have an opportunity to browse for and select the .pdf image of the “Amendment”.

 

 

Follow the separate instructions for “Browsing For and Selecting the Correct .pdf Document” to find, open, review, and select the “Amendment to Schedule F” .pdf image.

 

For the training case, the .pdf documents will be on the local “c:/” drive.

 

NOTE:  At your law firm, the .pdf documents may be stored on a network drive or on the “c:/” drive of a staff member’s computer.

 

 

 

.PDF WARNING MESSAGE

 

If you click on the  button to advance without attaching a .pdf document, a “Warning Message” will be displayed.

 

 

Click the  button to close the message.

 

You will then, once again, have the opportunity to browse to select the .pdf image of the document.

 

 

 

ATTACH- MENTS

 

The legal mind thinks of an attachment as any supporting document(s) stapled or attached to the back of the main pleading.  These types of legal attachments will be referred to in this documentation as “supporting documentation”.

 

In the USBC EDKY, the “attachment” feature is used in only two situations:   (1) when the main pleading, plus any supporting documentation is more than 50 pages in length, and (2) for attaching proposed orders.

 

The “Amendment” in this training case is less than 50 pages, so leave the attachment setting at “No”.

 

 

 

 

STEP 12

 

You will then be prompted to enter the letter of the schedule that you are amending.

 

 

For the training case, type in “F” (without the quotation marks).

 

 

 

STEP 13

 

Click the  button.

 

 

 

STEP 14

 

The following receipt screen will display next.

 

 

Simply click the  button, if you will be paying the filing fee using a credit card via the internet.

 

Type “ck” in the receipt number box and then click the  button, if you are paying by check, money order or cash instead of credit card.  If you are paying by check, money order or cash, the payment needs to be received by the court within 24 hours of the filing.

 

For the training case, leave the field empty and click the  button.

 

 

 

STEP 15

 

Since the installation of Version 2.2, occasional “non” screens have cropped up such as the example below.

 

 

When such a screen appears, simply click the  button. 

 

 

 

FINAL DOCKET TEXT SCREEN

 

The “Docket Text: Final Text” window displays.

 

 

NOTE:  The “Attention!!” message shown above is to alert you to the fact that this is the point of no return!  This is the last opportunity to make any changes before the document is officially filed.  

 

 

 

NOTES RE: ERRORS MADE WHILE FILING

 

If the docket text is incorrect, click on the browser’s  button as many times as necessary to find the error and correct it.

 

NOTE:  You will not be able to use the  button to correct your errors if you are using Internet Explorer 5.5 because you will be thrown out of the system the 2nd time you click it.  You will need to click on the “Bankruptcy“ hyperlink in the main menu bar. 

 

 


 

Then, you will have to start the filing all over again and you will have lost most of the amendment information that you have entered.

 

NOTE:  If using Netscape Version 4.7,  you can usually go backwards and forwards through the various screens using the browser’s “Back” and “Forward” buttons without losing any data as long as you make no changes.  But, if you make a change, the information on the screens from the point of the error forward will have to be re-entered after you have corrected the error because the information from the error forward will have been lost.  Also, if you back up to a screen earlier than the screen where you search for the .pdf document, you will lose the .pdf document and you will have to search for the .pdf document and select it all over again.

 

 

 

STEP 16

 

Click the  button.

 

 

 

STEP 17

 

The “Summary of Current Charges” screen now displays. 

 

 

Click the  button and follow the separate instructions for “Payment of Fees Via the Internet”, if you wish to go ahead and pay the filing fee immediately.

 

Click the  button, if you wish to pay all the filing fees for a particular day all at once near the end of the day.  Later, when you desire to pay all your accumulated filing fees for the day, follow the separate instructions for “Payment of Fees Via the Internet”.

 

 

 

NOTICE

OF

ELEC-

TRONIC FILING

 

After you have continued the filing or completed the payment process, the “Notice of Electronic Filing” will now display.  See the separate instructions regarding “Notices of Electronic Filing”.