Filing Case Using Conventional ECF System - Open a BK Case

Last Updated:  August 2020

The following is the conventional way to open a new case (not using case upload):

Note:  It is important to complete all steps in this procedure.

Important:

• Do NOT include Statement of Social Security Number in PDF or file it separately.  

• PDF copy of Voluntary Petition must contain the redacted Social Security Number and personal information on all documents.

(Chapter 11 Small Business Case in the process of being updated pursuant to Small Business Reorganization Act of 2019)

Step-by-Step Instructions:

STEP ONE:

1. Log in to CM/ECF.

2. Select [Bankruptcy].

3. Select [Open  BK Case].
   
   Note:  Enter data in CM/ECF exactly as it appears on the PDF of the Voluntary Petition and Schedules.

1. • Do not enter a case number.

   • Select appropriate chapter (7, 11, 12, 13, 9 or 15).

   • Select "yes" if joint petition (joint debtor).

   • Select "yes" if case is deficient (i.e., missing schedules, payment advices, plan, etc.).
     
     Note: Subsequent screen will follow to indicate which schedules are missing.

   • Origin defaults to original.

6. Search for a Debtor screen:

1. • Enter debtor's last name and/or Security Number to search for debtor's name in the ECF database.

   • Enter tax identification number (if applicable).

   • Party search results:  If debtor(s) name appears, ALWAYS  "Create new party".
     
     Note: Please do NOT use all capital letters for debtor's name and information.

7. Debtor information screen to create new party:

1. • Enter complete name of debtor.

   • Enter complete Social Security Number.
      
     Note: PDF of Voluntary Petition must contain redacted Social Security Number.

   • Generation (i.e., Sr., Jr., III, etc.).

   • Tax Identification Number (if applicable).

   • Current mailing address.
     
     Note:  Please do NOT enter debtor(s) phone number or email address.
     
     Note:  If debtor(s) have a PO Box in the same City as residence, enter PO Box on next address line.  If the PO Box is in another City, add debtor(s) name and PO Box address to creditor matrix.  Debtor(s) will receive two notices.

   • Select County (it is very important that correct County is selected).

   • Select the "Alias" button if debtor has aliases

   • Complete all appropriate fields for aliases.

   • Select appropriate Role for aliases (aka, dba, fdba, fda).
     
     (Note: ONLY 5 alias may be added for each debtor).

   • Select "Corporate Parent" if debtor is a corporation and is a subsidiary of another corporation.

   • Review debtor information before submission; and if correct, Click Submit.
     
     Note:  Repeat foregoing steps for Joint Debtor, if applicable.
     
     Note:  If Joint Debtor's address is different from Debtor, uncheck "Copy previous party's address".

8. Divisional Office - bypass by clicking [NEXT].

9. Statistical Information Screen:

1. • Prior filing within last 8 years. Select 'No' or 'Yes'.

   • Select "Type of Debtor", such as individual, corporation, partnership or other.
     Note:  The type of debtor selected will determine what further selections will appear on the screen.

   • Fee Status: Select "Paid", "Installment," or "IFP filing fee waived" (ONLY when filing an Application to Pay in Installments or Application to Waive Ch 7 Filing Fee).

   • Select "business" or "consumer" or "other" for nature of debt.

   • Select asset designation. Chapter 7s are ALWAYS entered as "No" asset (even if there may be assets, Trustee will determine).  Chapter 11s, 12s, and 13s are ALWAYS entered as "Yes" asset.

   • Select the appropriate "number of creditors", "estimated assets", and "estimated liabilities".

   • Select "nature of business" (if applicable).

   • Select special categories (for non-individual filers only).

   • Enter NAICS code (for non-individual filers only).

   • Review information; Click Next.

10. Summary of Assets and Liabilities and Certain Statistical Information. Enter values from the corresponding schedules. This information is required if filing ALL schedules.  

11. If filing a PARTIAL Voluntary Petition, click [NEXT] to bypass summary screen.  At the Deficiency List Screen, select the appropriate missing schedules (i.e., Summary of Assets and Liabilities, Schedules A-J, Declaration of Schedules, Statement of Financial Affairs, Disclosure of Attorney Compensation, Means Test, Pay Advices, etc.).
    Note: When balance of schedules are filed, Update EOUST Stats.

12. Browse to select the Voluntary Petition (PDF file); Click Next.
    
    Important:

1. • Do NOT file or include a PDF of Statement of Social Security Number.  

   • PDF copy of Voluntary Petition must contain the redacted Social Security Number.  

   • Do NOT bullet "Attachments to Document" unless you contact Court.

13. If "Deficiencies" was selected at case opening, the deadlines for incomplete filings due and Section 316 incomplete filings due will set automatically. Click Next.

14. Choose Presumption of Abuse:

1. • Consumer Debts:  No, Yes, or Unknown. 

   • Business Debts:  No or Unknown.

15. Verify filing fee amount. To pay via ACH or credit card, leave the receipt field blank and select Next to continue filing.    
    
    Note:  If paying in installments, remember to separately file the Application for Individuals to Pay Filing Fees in Installments.
    
    Note:  If requesting a waiver of fees, enter "O" for receipt number. Remember to separately file the Application to Have the Chapter 7 Filing Fee Waived.

16. Modify docket text as appropriate. text, if applicable.

17. Warning!! Verify filing entry is correct before submitting the "Final Docket Text."
    
    NOTE:  You can start over at any time prior to submitting final screen.

18. Attorney filers may want to save or print the Notice of Electronic Filing.

19. Pay Filing Fee.

STEP TWO:

20. Upload the Creditor Matrix.  Creditor Matrix must be saved in a .txt format. [Bankruptcy>Creditor Maintenance>Upload a Creditor Matrix File].

STEP THREE (only for Chapter 7 cases):

21. Assign the Judge/Trustee. [Bankruptcy>Judge/Trustee Assignment].

STEP FOUR:

22. File the Certificate(s) of Credit Counseling. [Misc/Other> Certificate of Credit Counseling].

STEP FIVE:

23. File the Payment Advices and/or Statement Concerning Pay Advices. [Misc/Other>Pay Advices] and/or [Misc/Other>Statement Concerning Pay Advices].

Reminder:  Redact Social Security Number(s) and personal information (i.e., bank account, employee number, etc.) on Pay Advices.

STEP SIX:

24. U.S. Trustee Criteria Required:  Update EOUST Statistics.  This information is taken from various Schedules and the Means Test. [Misc/Other>Update EOUST Statistics]. If you are not using Case Upload, you may need to run this event.

STEP SEVEN (if filing Chapter 13):

25. For Chapter 13: File the Chapter 13 Plan. [Bankruptcy>Plan > Chapter 13 Plan].
    
    You may also include the Proof of Service in one PDF reflecting service on all creditors.  Insert Proof of Service after the last page of the Plan.  Or you may file it separately and "relate" it to the Plan.