Motion for Abstention

Last Updated: April 2, 2013

Filing Requirements:

  • Motion for Abstention

  • Notice of Motion with 21 day objection period. Notice is sent to all creditors.

  • Proof of Service.

  • Proposed Order Instructions.


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Abstention Under Section 305] from the event list.

    Note:   To accurately report statistics to Congress, it is crucial that the correct event is selected.

  5. Skip the Joint Filing screen if you are the only party filing this motion. If this is a joint filing, check the box.

  6. Select the party filer. If the party is not listed, click on Add/Create New Party.

    Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

  7. Enter a "y or n" if the notice and certificate of service are included with the motion.

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  8. Enter date served.

  9. Accept last day to object.

  10. Browse to select the Motion (.pdf file).

  11. Modify the text as appropriate.

  12. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  13. Submit proposed order. Instructions.

 

 

 

11 U.S.C.: 305
FRBP: 5011