GENERAL

INFO.

 

The term “multi-part motion” is not a legal term.   When the documentation uses the term “multi-part motion”, it is really referring to a motion that asks for more than one type of relief. 

 

Sometimes a motion asks for this type of relief and that type of relief.  Other times a motion sets out one type of relief as the preferred relief, but if the judge won’t sustain that request, then, in the alternative, the filer wants this type of relief, or this other type of relief.

 

Multi-part motions can be docketed in CM/ECF.

 

When multiple reliefs are requested, they must be entered as separate parts so that rulings (such as grant, deny, moot, etc.) can be made regarding each type of relief.  In CM/ECF, this is referred to as entering separate “order actions”.

 

There are two situations where the combining of relief types does not work on CM/ECF.  Those exceptions will be set out below in the “Bugs” section.

 

The steps below demonstrate filing a motion which requests relief from stay, or in the alternative, requests adequate protection.

 

 

 

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

 

Click the  button.

 

 

 

STEP 6

 

The “File a Motion/Application” selection box appears.  Click on “Adequate Protection” to highlight it.  Then scroll down to “Relief from Stay” and “ctrl + click” on it to highlight it also. 

 

NOTE:  This is an occasion where typing “r” to navigate will not work because it would move the highlighted bar from “Adequate Protection” to “Relief from Stay” instead of highlighting both.

 

 

 

NOTE:  With CM/ECF, the relief types will be processed as displayed (currently this is alphabetically).  In this example, the “Abandon” portion will be processed before the “Relief from Stay”.

 

 

 

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”.

 

 

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

 

 

 

STEP 9

 

A screen similar to the following “Select the Party:” screen will now display.  If your client is already in the list of parties, you simply click on their name to highlight and select them as shown in the example below. 

 

 

Then, click the  button and finish filing the pleading because no searching or adding will be necessary.

 

NOTE:  If this is the first pleading you have filed on behalf of your client in a debtor’s bankruptcy case, they will NOT be in the list of party filers for the case unless someone else has previously filed a pleading on behalf of your client in the case.

 

Click the  hyperlink If your client is not already in the list of parties in the case. 

 

In the training case, National City Bank will already be in the list, so you will not need to search for them.

 

NOTE:  Although the hyperlink is labeled “Add/Create New Party”, what you are really doing is searching for a party that likely already exists and only adding them if they do not already exist in the party records table.

 

 

 

STEP 10

 

You then have an opportunity to browse for and select the .pdf image of the “Motion for Relief from Stay or in the Alternative for Adequate Protection”.

 

 

Follow the separate instructions for “Browsing For and Selecting the Correct .pdf Document” to find, open, review, and select the “Motion for Relief from Stay or in the Alternative For Adequate Protection” .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.

 

NOTE:  If you are filing a motion requesting several alternative relief types, you do not need to tender multiple proposed orders.  Simply tender the Order that grants the relief you most desire.  Then, if the judge rules differently, the court staff will contact you to submit a different Order.

 

 

 

MULTIPLE

INCORRECT

MSGS

 

The following message now displays.

 

 

This message is also repeated on the top of the next screen regarding payment of fees via the Internet.

 

In spite of getting the message twice, since the installation of CM/ECF Version 2.2, you will no longer be able to set an objection deadline or a hearing on a multi-part motion.

 

NOTE:  You should still include a “Notice” in your pleading.  Then, after it is filed, court staff will review it and set either a deadline for “Last Day to file Objections”, or set a hearing date, time and location.

 

 

 

STEP 12

 

Click the  button.

 

 

 

STEP 13

 

The following receipt screen will display next.  Ignore the red message in this situation (see explanation above).

 

 

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 14

 

Now a new message will display.

 

 

Read the message and follow the instructions on the next screen, if applicable.

 

For training, our motion will not be an amended motion.

 

 

 

STEP 15

 

Click the  button.

 

 

 

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 “National City Bank” to “First Federal”, the docket text summary would be sent out by e-mail indicating that you represent “First Federal”, but the court’s tables used in various reports and queries would indicate that you represent “National City Bank” 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 for Relief from Stay or in the Alternative For Adequate Protection”.

 

MULTI-PART EXCEPTION:  You should insert descriptive language between each relief type.  In other words, if you want all the requested reliefs, insert “and” between each one.  If you have requested alternative types of relief, insert “or, in the alternative,” between each type of relief as shown below.

 

 

 

 

STEP 17

 

Click the  button after making the 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.

 

 

 

STEP 19

 

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”.

 

 

 

 

 

 

 

 

bugs you should be aware of:

 

 

 

MR #168

 

There is currently no ability to docket multi-part motions that span event categories.  For example, you cannot file a “Motion for Relief From Stay and Objection to Motion to Avoid Lien” as one document.

 

Workaround:  File separate pleadings in the above situation instead of one pleading.

 

 

 

MR #547

MR #834

 

Certain relief types when combined do not execute properly when an order is entered on them.  It does not seem to matter what order action codes are used, none of them seem to work correctly.  Specifically, the problem arises with a “Motion to Convert or, in the alternative, to Dismiss the Case”. 

 

Workaround:  File separate motions for the above types of relief.

 

 

 

MR #___

 

There is a $75 filing fee for filing a “Motion for Relief”.  There is also a $75 filing fee if you file a “Motion to Abandon”.  When those reliefs are combined and requested in one motion, the filing fee is still $75, NOT $150.  If you file a “Motion for Relief From Stay and For Abandonment” as a multi-part motion (since it technically is a multi-part motion), you will be charged $150. 

 

Workaround:  File the motion either as a “Motion for Relief” or as a “Motion to Abandon” and modify the docket text to include the other type of relief being requested. 

 

This “workaround” will work only because our judges generally grant or deny both parts.  In other words, we do not have to enter an Order granting “Relief from Stay”, but denying “Abandonment”.

 

This solution cannot be used for any other multi-part documents.