Effective Date: December 1, 2015 Supersedes: April 1, 2010, November 1, 2013, August 22, 2014, January 23, 2015
To open a bankruptcy case using the Open a Voluntary BK Case hyperlink from the CM/ECF menu, use the petition as your guide to complete the following instructions.
The forms for this are located on the US Courts website at http://www.uscourts.gov/forms/bankruptcy-forms. View Form B200 for Required Lists, Schedules, Statements and Fees. For instructions on completing Fill-in-the-blank PDF forms, click here. Click here for instructions on combining PDF files.
Note: Debtor information entered during case opening must include the complete social security number of the debtor and/or joint debtor. The social security number appears redacted (only last 4 digits show) on the case docket when viewed by the public.
Opening the Bankruptcy Case
This assigns your bankruptcy case number and begins to create the case docket.
Upload creditors to the bankruptcy case.
Creditors are uploaded to the case for noticing purposes.
File the Chapter 7 Statement of Monthly Income (122A-1)/Exemption from Presumption of Abuse (122A-1Supp), Chapter 7 Means Test Calculation (122A-2), Chapter 11 Statement of Your Current Monthly Income (122B), Chapter 13 Statement of Your Monthly Income (122C-1), or Chapter 13 Calculation of Your Disposable Income (122C-2), whichever is applicable, as a separate docket entry.
File the Individual Debtor’s Certificate of Credit Counseling as a separate docket entry (for Ch 7 Ch 12 and Ch 13’s only.)
If a joint petition case, file the Joint Debtor’s Certificate of Credit Counseling.
File the Employee Income Record and/or Declaration Re: No Employee Income Record as a separate docket entry.
File the Chapter 13 Plan as a separate docket entry, if applicable.
*Open a Bankruptcy Case
The following are screens that appear as you open your case.
1. Select Bankruptcy menu.
2. Select Open a Voluntary BK Case.
3. Open New Bankruptcy Case screen.
Select Office. Click here for map with counties for bankruptcy assignments.
Select appropriate chapter, 7, 11, 12, 13, etc.
Select “yes” if joint petition (joint debtor).
Select “yes” or “no” for Deficiencies.
4. Search for Debtor Screen.
Enter social security number, tax identification number, last, first and middle name or business name to search for debtor name in the CM/ECF database.
Party search results
Debtor name does not appear.
Click on “Create new party” button.
5. Search for Joint Debtor Screen – Only if you selected 'y' for Joint Petition.
Enter social security number, tax identification number, last, first and middle name or business name to search for debtor name in the CM/ECF database.
Party search results.
Joint Debtor name does not appear.
Click on “Create new party” button.
6. Statistical Information Screen.
If case is Chapter 11:
Select Small business – y or n.
Click A plan is being filed with this petition if you are filing plan now.
Click Acceptances of the plan were solicited prepetition if solicited.
Select "yes" if prior filing within last 8 years.
Select the appropriate Fee Status:
Installment – an Application to Pay Filing Fees in Installments is required.
Paid.
fee not paid – Do not select this option!
Fee waived – an Application to Have Chapter 7 Filing Fee Waived is required.
Select “consumer” or “business” for Nature of Debt.
Select “yes” for Asset Notice, ONLY if case is a Chapter 13, Ch 11 or Ch 12.
Select the appropriate Estimated number of creditors, assets and debts for the case.
Select “Type of Debtor,” such as individual, corporation, etc.
Select “Nature of business” that applies -- only if Nature of Debt is business, such as Health Care Business, Single Asset Real Estate, etc.
Select Special categories:
Tax-Exempt Entity, Investment Company, Investment Advisor, if applicable.
7. Summary of Assets and Liabilities Screen.
Enter totals from Schedules A/B, D, E/F, I, J, J-2, Currently Monthly Income from 122A-1, 122B or 122C-1, and Unsecured Claims amount from 106Sum, 3a+3b.
Enter
“0” if there are no amounts to report for the corresponding field and the amount is $0.
"0" if the amount is a negative value.
Leave the field blank (null), if the amount is not available for this field.
An Amended Summary of Assets and Liabilities will be required to complete the amounts.
8. EOUST Data Screen.
Enter dollar amounts.
Required for Ch 7, 11, 12 and 13 individual debtor's only; not corporation or partnership business debtors who are not individual debtors.
9. Browse, verify and attach the document (PDF file).
Attach supportive documents, if applicable.
Note: Tax documents must be emailed to the case trustee. Do NOT attach to the Petition.
10. Select “no” or “yes” for Presumption Arises – Chapter 7 cases.
11. Verify filing fee.
Full filing fee payment - DO NOT enter a receipt number if you are paying via the Internet.
Installment with installment filing fee payment – Enter dollar amount you are paying when filing the petition; that is, 50.00 or 60.00 ,etc.
Installment without filing fee payment – Enter 0.
Application to Have Chapter 7 Filing Fee Waived - waived.
12. Verify final docket text before submitting onto case docket.
13. Pay filing fees. To see credit card screens, click here.
Select Pay Now or Continue Filing.
Installment with installment filing fee payment? Yes,
You will see this screen with amount of initial installment payment appearing.
Installment without payment of filing fee? Yes,
You will not see this screen.
Application to Have Chapter 7 Filing Fee Waived – If you see this screen, Select Continue Filing.
The court will remove this amount from the Fee Due screen.
Hint: Subsequent installment payments will be made via the internet by docketing Installment Payment or Installment Payment (Final) in CM/ECF.
14. Review the Notice of Electronic Filing. It is your receipt.
Make note of the assigned case number.
15. Continue procedure with uploading creditors to the bankruptcy case.
16. Docket separate docket events for:
Chapter 7 Statement of Monthly Income (122A-1)/Exemption from Presumption of Abuse (122A-1 Supp), Chapter 7 Means Test Calculation (122A-2), Chapter 11 Statement of Your Current Monthly Income (122B), Chapter 13 Statement of Your Monthly Income (122C-1), or Chapter 13 Calculation of Your Disposable Income (122C-2)
Debtor’s Certificate of Budget and Credit Counseling and Joint Debtor’s Certificate of Budget and Credit Counseling.
Employee Income Record and/or Declaration Re: No Employee Income Record.
Chapter 13 Plan, if applicable.
With Bankruptcy opening:
Case Number assigned.
Voluntary Petition event docketed.
Credit Card charged for filing fee (attorney filer).
Receipt information from treasury dockets (attorney filer).
Pro Se flag is set, if applicable.
Upload List of Creditors (Uploading Creditors)
The court assigns judge, trustee and dockets Meeting of Creditors.