GENERAL INFO.

 

NOTE:  Only use this method of opening a case in the following situations:

 

ü      If you have used bankruptcy case preparation software to prepare the petition, but the debtor is paying the filing fee in installments, you will not be able to upload the case.  You will have to open the case following the steps below.

 

ü      If you do not own bankruptcy case preparation software and have used another method to create your petition, you will not be able to upload the case.  You will have to open the case following the steps below.

 

 

 

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.

 

 

 

STEPS

PRIOR TO

FILING

 

Someone in your office will have entered the debtor(s)’ information into the petition preparation software program or the petition will have been prepared using some other method.

 

Your client will have reviewed the petition and any necessary changes will have been made to the petition.

 

A paper copy of the petition will be printed and the debtor(s) will have signed his/her “real signature” in all the requisite locations.

 

The petition will need to be converted to .pdf format.  If you do not have bankruptcy petition preparation software, the petition can be converted using Adobe Acrobat Writer (see the separate instructions for “Converting Documents to .pdf Format”) or using a scanner that allows one to save a document into .pdf format.

 

The creditor matrix will need to be created and converted to .txt format.  If you do not have bankruptcy petition preparation software, see the separate instructions for “Converting a Matrix to .txt Format for Attorneys Who Do Not Have Petition Preparation Software”.

 

 

 

STEP 1

 

Log in to the CM/ECF System using your ECF Login and Password.

 

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 “Open a BK Case” in the list of Bankruptcy Events.

 

 

 

 

STEPS

4 - 7

 

The “Open New Bankruptcy Case” screen will display next.

 

 

Using the  arrows, complete any empty fields on this screen and change the defaults if necessary.  For training purposes, this bankruptcy case will be a Chapter 13 case with joint debtors and with deficiencies.

 

NOTE:  The case number is generated automatically and will be displayed on the “Notice of Electronic Filing” at the end of case opening.

 

The default value for Case Type is “bk” for bankruptcy.  There are no other choices even though it appears to have a drop-down list.

 

The current date is displayed.  The time that you file the bankruptcy case will also be recorded and will appear on the “Notice of Bankruptcy Case Filing”.

 

The “Chapter” drop down list displays all the available chapters of bankruptcy.  Select chapter 13 from the “Chapter” drop down list.

 

The default value for joint is “n” for no.  Since the case is joint, you must change the “n” to a “y”.

 

If there are any items missing from the Petition, you must change the Deficiencies default from “n” to “y” for yes.   This training case is missing Schedule I and J, and the Statement of Financial Affairs with Declaration.

 

 

 

STEP 8

 

Click the  button.

 

 

 

STEP 9

 

The “Search for a Party” screen displays.   To prevent duplicate “party records”, a search of the database for the debtor is required.  Refer to the “Debtor Search Tips” below and to the separate instructions on “Searching For and Selecting or Adding Your Client”.

 

Enter the debtor’s Social Security number and the debtor’s last name in the fields provided.  For purposes of training, enter 123-45-6789 in the Social Security field and “Kennedy” in the last name field.

 

 

 

 

DEBTOR

SEARCH

TIPS

 

One can search for debtor(s) by social security number or tax identification number and/or last name or business name.

 

The “Last/Business name” field is large enough to hold up to 200 characters.  For business names, the first part of the name will probably be sufficient.

 

Format Social Security number and Tax ID with hyphens.

 

Searching is case sensitive.  So a debtor with the last name of “Smith” must be searched for as “Smith”, not as “smith”.

 

Partial names can be entered, but at least two characters should be entered.   For example, “Radio” would find “Radio Shack” and  “Radiology Associates”, but unlike the creditor records area, it would not find  “Northwest Radiology”.  This is one of the main area where searching for parties in the party records table differs from searching for creditors in the creditor records table.

 

A question mark (?) represents a wild card for one character only.

 

An asterisk (*) is a wild card for any number (or none) of characters.

 

Wild cards (*) (?) are not needed at the end of a search string.   Ex: Harve would find Harvey, Harver, Harvester, etc. 

 

Wild cards may be used before or within search strings  (*son) (Gr?y).  Ex:  Johns*n would find Johnston, Johnson, and Johnsen, but would not find Johns or Johannsen.   While  *Johns*  would also find “The Johnson Company”.   Ex:  Gr?y would find Gray and Grey, but Gr*y would find Gray, Grey, and Gregory, etc.

 

An asterisk (*) should not be used by itself.   Nor should you search without entering search criteria because, the system will searching for every party record in the entire “Party Records” table and will slow down the entire system.  This is the other main area where searching for parties/clients differs from searching for creditor records.

 

NOTE:  Since searching can be tricky, try several alternative searches before you decide that the debtor is not in the database and add them.

 

 

 

STEP 10

 

After entering your search criteria, click the  button.

 

 

 

STEP 11

 

If there are no matches, the system will return a “No person found” message.

 

 

Since we are in a training database, a list should appear instead of the above message because there should be a number of training debtor(s) that match the search clues entered.  However, your exact debtor won’t be found because you are going to add your own last name as a middle name so the debtor will be a “new” debtor.

 

NOTE:  When you are filing a real case, your debtor should not appear unless he/she has previously filed bankruptcy in our court.

 

Since your debtor was not found, click the  button.

 

 

 

PARTY

INFO

SCREEN

 

The “Party Information” screen displays containing the search information that was used.

 

 

NOTE:  If your search found your debtor and you selected them, this same screen would display with the debtor’s information from the previous filing.  It is okay to change the debtor’s address and county of residence if they have moved.  This change will only be effective in the current case.  It will not change the debtor’s information in the previous bankruptcy case.

 

NOTE:  It is not necessary to add e-mail or fax or phone information when adding a debtor.

 

 

 

STEPS

12 - 15

 

Finish completing the debtor’s name and address information in the fields provided.  For training purposes, the debtor’s first name will be John and you will need to put your own last name in the “Middle Name” field.  Use 100 E Vine St, Lexington, KY  40507 as the debtor’s address for this training case.

 

Click on the drop down arrow  to select the county in which the debtor resides.  The county will be Fayette in this training case.

 

NOTE:  Type the first letter of the county to move through the list quickly.

 

Leave the pro se default at .  If you are attorneys who represent debtors, you should never have to change this default.  If you were the attorney for a creditor who is filing an “Involuntary” bankruptcy against a debtor, then you would have to change this to “yes”.

 

The party’s “Role” will default to .  Since you are adding party information about a debtor, change the role to “Debtor”.

 

You could enter further descriptive text such as “a Kentucky corporation”, or “a Limited Liability Corporation” in the “Party Text” box. 

 

 

There will be no further description in this training case.

 

 

 

STEP 16

 

Next, click the  button if the debtor has an alias.  For this training case, this debtor does not have an alias.

 

 

 

STEP 17

 

Now, click the  button to check the information you have added for this debtor.

 

 

 

STEP 18

 

The “Review” screen is displayed.  It will state that no attorneys have been added because you do not have to add yourself.  Based upon your login and password, the system will add you as the attorney for the debtor(s).  It will also state show that no aliases have been added.

 

 

Click the  button after verifying the information.

 

NOTE:  The  button on this screen will reverse any changes you made to the screen.  It will not clear or delete the alias information previously added.

 

NOTE:  Just click on the check mark  to clear the box linking an alias to the party, if you actually want to remove an alias that you added.  Then, you would need to return to the party screen and click the alias button to enter correct alias information.

 

 

 

PARTY INFO. SCREEN CYCLE

 

The “Party Information” appears again.  This is a loop that occurs in CM/ECF.  The “Party Information” screen is the primary screen that is returned to each time one section of the subsidiary information (like reviewing information) is completed.

 

 

 

 

STEP 19

 

Click the  button to continue with case opening if you are finished adding information for the party.

 

 

 

STEP 20

 

A message informing you which division the case is being assigned to will now display.

 

 

Click the  button.

 

 

 

STEP 21

 

A “Joint Debtor Search” screen will appear next.

 

 

Enter 123-45-6789 as the Social Security number and enter “Kennedy” in the Last/Business name field to search for the joint debtor. 

 

 

 

STEP 22

 

After entering your search criteria, click the  button.

 

 

 

STEP 23

 

The joint debtor search results screen will appear.  If there are no matches, the system will return a “No person found” message.

 

 

 

Since we are in a training database, a list should appear instead of the above message because there should be a number of training debtor(s) that match the search clues entered.  However, your exact debtor won’t be found because you are going to add your own last name as a middle name so the debtor will be a “new” debtor.

 

NOTE:  When you are filing a real case, your debtor should not appear unless he/she has previously filed bankruptcy in our court.

 

NOTE:  The joint debtor screen has an opportunity to use the same address as the first debtor by copying it.  If the joint debtor lived at a different address, you would use your mouse to click the check mark to “uncheck” the “Copy previous party’s address” box.  Then there would be an opportunity to add the address for the joint debtor.

 

Since your debtor was not found, click the  button.

 

 

 

STEPS

24 - 25

 

The “Party Information” screen appears with the address information already filled in based upon the address entered for the first debtor.

 

 

Finish completing the information by typing “Jackie” in the “First name” field and your own last name in the “Middle name” field.

 

Change the role type to .

 

 

 

ALIAS BUTTON

 

Next, click the  button if the joint debtor has an alias.  For this training case, we will not add an alias for the joint debtor.

 

 

 

REVIEW BUTTON

 

 It is not necessary to click the  button again since you have not added any attorneys or aliases.

 

 

 

STEP 26

 

Click the  button to continue with case opening.

 

 

 

STATIS- TICAL DATA SCREEN

 

The “Statistical Data” screen is displayed next.

 

 

 

 

STEP 27

 

Select the “Type of Debtor” by clicking in the appropriate box(es).

 

 

For the purposes of the training case, the debtors are individuals.

 

 

 

STEP 28

 

The default for fee status is . If the petition were accompanied by an Application to Pay Filing Fee in Installments, this would need to be changed to “Installment”.  In this training case, leave the fees as “Paid”.

 

 

 

STEP 29

 

The default for “Nature of Debt” is .  The other choice would be “Business”.  Leave the default for the training case. 

 

 

 

STEP 30

 

The default for type of petition is .  This would need to be changed to “Involuntary” when appropriate.  The training case is a voluntary bankruptcy.

 

 

 

STEP 31

 

The default for “Origin” is .  Other choices available include “First Reopen”, “Second Reopen”, “Third Reopen”, “Split”, and “Inter-District Transfer”.  The training case is an “Original” filing.

 

NOTE:  If a selection other than “Original” is chosen, the user will be presented with another drop down list on the following screen.

 

 

 

STEP 32

 

Skip the  field.  This date is only necessary if a joint debtor splits from the original case, or if the case is transferred in from another district.

 

 

 

STEP 33

 

The Asset notice default is .  This does not change automatically even though we identified this case as a chapter 13 on the first case opening screen.  It will be necessary to change the answer to “Yes” as shown below.

 

 

 

 

STEP 34

 

Click on the drop down arrow next to the  box to see the choices, but for the training case, leave the default.

 

 

 

STEP 35

 

Click on the drop down arrow next to the  box to change the default selection to “$100,000 to $500,000” as shown below, by clicking on it with your mouse.

 

 

 

 

STEP 36

 

Click on the drop down arrow next to the  box to change the default to “$100,000 to $500,000” as shown below, by clicking on it with your mouse.

 

 

 

 

STEP 37

 

Click the  button.

 

 

 

STEP 38

 

The “Deficiency List” screen displays.  This list is chapter specific so that appropriate choices will be listed depending upon the chapter of case being filed.  Each missing item will be given its own 15-day deadline.  Items requiring shorter or longer deadlines will not be listed below.

 

 

 

As shown in the example above, use your mouse to click the small square boxes next to Schedule I and Schedule J and the Statement of Financial Affairs with Declaration since these are missing in our training case.

 

 

 

STEP 39

 

Click the  button.

 

 

 

STEP 40

 

The opportunity to search for and select the .pdf image of the “Petition” is now provided.

 

 

Follow the separate instructions for “Browsing For and Selecting the Correct .pdf Document” to find, open, review, and select the .pdf image of the “Onassis Bankruptcy Petition”.

 

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 “Chapter 13 Bankruptcy Case” in this training is less than 50 pages, so leave the attachment setting at “No”.

 

 

 

 

STEP 41

 

Click the  button to continue with case opening.

 

 

 

STEP 42

 

The receipt screen is now displayed.

 

 

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

 

 

 

NOTE RE: PAYING FEES BY METHODS OTHER THAN THE INTERNET

 

Type “ck” in the receipt number box shown above, 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.

 

 

 

STEP 43

 

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” screen now 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 bankruptcy case is officially opened.  

 

 

 

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 opening the bankruptcy case all over again and you will have lost most of the bankruptcy case opening 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 44

 

Click the  button to send the bankruptcy case to the court.

 

 

 

STEP 45

 

Click the  button when the “Summary of Current Fees” window displays, 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

 

The “Notice of Electronic Filing” will be displayed next.   One of the most important pieces of information on this notice is the case number assigned to your case. 

 

See the separate instructions regarding “Notices of Electronic Filing”.

 

 

 

Case opening bugs you should be aware of:

 

 

 

MR #436

 

The default Chapter is 7.  When filing cases under other chapters, it can be easy to forget to change the chapter number.  This can cause the wrong trustee to be appointed and the notice of commencement of the case to be sent out as a chapter 7 instead of a 13, etc.  So, make sure that you have changed the chapter to the correct one.

 

 

 

MR #339

 

Middle name field is too short.  The 15 characters allowed are not enough to enter some debtor’s middle name(s).  Contact court personnel if you encounter this problem and we’ll try to come up with a solution.