GENERAL

INFO.

 

The typical steps when filing any motion or application are:

 

·        Click on the “Motions/Applications” hyperlink under Bankruptcy or the “Motions” hyperlink under Adversary

·        Enter the case number on the “File a Motion/Application” case number screen.

·        Select the type of motion being filed from the selection box

·        Bypass or choose “Joint Filing” (if yes, pick joint attorney from list)

·        Select or search for and select the client you represent (occasionally you may actually need to add your client) and change their role type to the appropriate type

·        Associate yourself to client (only the first time a pleading is filed)

·        Browse and select the motion .pdf image

·        Browse and attach the proposed order .pdf image

·        Accept the deadline for objections or set a hearing

·        Enter the fee payment info if not paying by credit card via the Internet (if there is a filing fee for the pleading)

·        Modify the docket text if necessary

·        Submit the motion to the court

·        Enter credit card info and print receipt (if there is a filing fee for the pleading)

·        Print and/or save a copy of the “Notice of Electronic Filing”

 

NOTE:  There are separate instructions for filing a motion that also requests other relief as an alternative to lien avoidance.  Those kinds of motions are referred to as “Multi-Part Motions”.  The instructions below are specifically for filing a simple “Motion to Avoid a Lien”.

 

 

 

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 “File a Motion/Application ” 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, and then click the  button.  If you need to change the case number, enter the correct case number as
yy-nnnnn (including the hyphen).

 

NOTE:  If you changed the case number and entered it incorrectly, the system will display the following message regarding the case number format. 

 

 

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

 

 

 

STEP 5

 

The “File a Motion/Application” selection box appears.  Navigate down to the “Avoid Lien” entry by using the scroll bar.  Click on “Avoid Lien” to highlight and select it.

 

 

 

 

STEP 6

 

Click the  button.

 

 

 

STEP 7

 

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”.

 

 

Click the  button for this training because the motion is not being filed jointly.

 

 

 

STEP 8

 

If your client is listed in the “Select the Party” window, you can just click them. 

 

 

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 9

 

Click the  button.

 

 

 

STEP 10

 

You then have an opportunity to browse for and select the .pdf image of the “Motion to Avoid a Lien”.

 

 

Follow the separate instructions for “Browsing For and Selecting the Correct .pdf Document” to find, open, review, and select the “Motion to Avoid a Lien” .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.

 

 

 

STEP 11

 

After browsing for and selecting the .pdf image of the motion, click in the “Attachments”, “Yes”, radio button to change the selection from “No” to “Yes”.

 

 

Then, follow the separate instructions for  Adding Attachments” to attach the .pdf image of the proposed order.

 

 

 

STEP 12

 

Once the proposed order has been added, two text boxes are now displayed.  Text boxes are used to insert information into the final docket text.

 

 

For training, complete the text boxes with the lien holder and collateral found in the Motion to Avoid lien document previously viewed.

 

 

 

STEP 13

 

Click the  button.

 

 

 

WARNING MESSAGE

 

Immediately prior to getting the “Hearing” and/or “Last day to file Objections” screen, the following message will display.

 

 

This message reminds you that if you are setting a hearing date, time and location, instead of a notice and opportunity deadline, in the EDKY you will need to delete the “suggested” “Last day to file Objections” deadline which will be provided.

 

 

 

STEP 14

 

Click the  button.

 

 

 

STEP 15

 

The opportunity to set a deadline or a hearing now displays.

 

 

See the separate instructions on “Setting Deadlines and Hearings” to accept the “Last day to file Objections” deadline as displayed.

 

 

 

STEP 16

 

An opportunity to modify the docket text will appear next.

 

 

NOTE:  CM/ECF is a database program, not a word processor.  This means that as you click the next button to move from one screen to the next, the default data and any changes or additions that you make to a screen is immediately stored in a table in the background.  This is true even though you have not yet clicked on the final button to submit the entry to the court.  So, you usually should NOT make changes on this screen even though you could change everything on this screen.  For example, if you changed “Jacqueline Onassis” to “Will Smith”, the docket text summary would be sent out by e-mail indicating that you represent “Will Smith”, but the court’s tables used in various reports and queries would indicate that you represent “Jacqueline Onassis” because that was the party that you selected on the “Select the Party” screen.

 

Since anyone who wishes to know more about the pleading can view the entire pleading at anytime using the document number hyperlink on the docket report, it is also generally not necessary to add further description to the text.

 

EXCEPTION:  If this were an amended motion, you would need to type the word “Amended” before “Motion to Avoid Lien”.

 

 

 

STEP 17

 

Click the  button after making any necessary modifications to text.

 

 

 

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 filing the motion all over again and you will have lost most of motion 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 18

 

Click the  button.

 

 

 

SUMMARY

OF CHARGES SCREEN

 

There are no filing fees for filing a “Motion to Avoid Lien”.  However, if you owe filing fees for previous documents filed, the “Summary of Current Charges” screen will display next. 

 

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

 

The “Notice of Electronic Filing” will now display.  See the separate instructions regarding “Notices of Electronic Filing”.