Motion to Reopen Case 

CSD 1489

Local Rule #

Federal Rule #

Category:  Motions/Applications

• § 523 adversary proceeding to determine dischargeability of debt

• File an adversary proceeding or motion to remedy an alleged violation of the discharge

• Motion for release of unclaimed funds

• Any effort to enforce a judgment in an adversary proceeding (e.g. writs of execution, judgment debtor exam etc.)

• Motions for reconsideration of judicial rulings

• Motion to Restrict Public Access

File this Motion prior to the Notice of Motion.  The Notice must be filed under its own document event and referred (linked) to this Motion.

The following Motions to Reopen do not require a notice:

• Motion to reopen a case in order to file Debtor's Certification About Personal Financial Management Course (Official Form 423) and Certificate of Debtor(s) Education.
  
• Motions to reopen a case in order to file Certification Regarding Domestic Support Obligations, Section 522(Q), and Eligibility for Discharge (CSD Forms 2120, 2121, 2122)

1. Select Bankruptcy menu.
2. Select Motions/Applications.
3. Ensure correct case name and number match the document you are filing.
4. Select party filer.
   • Party filer not listed, Add/Create New Party.

     Use the Add/Create New Party only when party is not on the Party Filer pick list. From the Select the Party screen: Click on Add/Create New Party hyperlink. The Search for Party screen appears. Enter social security number, tax identification number or last/business name (upper and lower case) to search for new party name in the ECF database. The Party Search Results appears. Party name appears: select name and verify party name information in pop-up window. Party information is correct, click Select name from list button. Party name appears but information is incorrect, click on Create New Party. The Party Information screen appears. Complete or update all appropriate fields for the party filer. Select appropriate Role for new party filer such as Creditor (cr:cr). Party name does not appear, click on Create New Party. The Party Information screen appears. Complete or update all appropriate fields for the party filer. Select appropriate Role for new party filer such as Creditor (cr:cr). Once this is complete you will return to the Select the Party screen, which will list the party filer name.

     Quick Note Making any changes in Add/Create New Party screen will only affect this case.  Remember to change the ROLE accordingly.

5. Select Document Event: Reopen Case (Motion)(CSD 1489) (fee).
6. Browse, verify and attach the CSD 1489 (PDF file).

   Locate the document (PDF or TXT). Right-mouse click on the correct filename. Select Open from the drop down menu. This will launch the PDF or TXT file's application. Verify the document. Close the document by clicking on the X in the upper-right hand corner of the Adobe or NotePad application. Click on the Open button in ECF to attach the document in the Browse field.

   Quick Note The court quality assures all incoming files and verifies for /s/signatures, missing pages, correct document to selected event, case number, readable file, etc.

   • Attach supportive documents, if applicable.

     From the first Browser screen: Click on the Yes button at Attachments to Documents. Click the "Next" button. In the second Browser screen: Browse, verify and attach supportive document (PDF file). Select Category of document such as Declaration, Exhibit, etc. or type description of document. Click on Add to List. Repeat steps 1 - 3 until all supportive documents are attached. When done, click on Next to continue procedure.

     Quick Note NEVER attach a document that can be filed under Notices & Hearing.

7. Bypass box at Refer to existing event(s).

   Check the box: Refer to Existing Event(s)? The Select the Category to Which your Events Relates screen appears. Select the category in which the related document was filed in. Note: This step 2 may not appear in all document events, continue with Step 3. Select the appropriate document text to link.

   Quick Note  When AMENDING a document always link back to the document you are amending.

8. Select yes or no for "Are you filing an Application by Trustee or Debtor-in-Possession to Defer Payment of Fee for Motion to Reopen Case (CSD 2130)?" if applicable.
   (Note: if the filer is not the Trustee nor Attorney for Trustee, this screen will not appear)
   • By selecting yes, the filing fee will be deferred; however, the Application by Trustee Defer Payment of Fee for Motion to Reopen Case (CSD 2130) must be filed separately; otherwise, the full fee will be charged to the filer's credit card.
9. Select type of Reopen (click on the below links to access Cause of Action):
   • to file Financial management certificate/423, Amendment, Certify eligibility for discharge, Motion to avoid lien, Motion to vacate dismissal, Other

     Select type of Cause of Action:

     • Financial Management Certificate and Official Form 423

     • Certificate of Eligibility for Discharge (CSD 2120, 2121, 2122

     • Amendment and Notice to Creditors

     • Motion and Notice to Avoid Lien

     • Motion to Vacate Dismissal

     • Other

      

   • to file an Adversary Proceeding (excluding § 523 and File an adversary proceeding or motion to remedy an alleged violation of the discharge.)

     Select type of Cause of Action:

     • § 727(d) Adversary Proceeding

     • Other Adversary Proceedings

      

10. Verify filing fee.
    • A filing fee will not be charged for filing § 727(d) Adversary Proceeding.
11. Modify text to add pertinent information, such as Amended, if applicable.

    Check the box: Refer to Existing Event(s)? The Select the Category to Which your Events Relates screen appears. Select the category in which the related document was filed in. Note: This step 2 may not appear in all document events, continue with Step 3. Select the appropriate document text to link.

    Quick Note  When AMENDING a document always link back to the document you are amending.

12. Verify final docket text before submitting onto case docket.
13. Submit.
    • If deferring the filing fee, click "Continuing Filing" on the Electronic Payment Pop Up Screen.
14. Print the Notice of Electronic Filing. It's your receipt.

    Print to PDF Click on File on the application's menu bar. Click on Print from the drop down menu. The Print Dialog Box appears. Select Acrobat PDF Writer as your current printer selection and press Print. The Save PDF File As screen appears. Name your PDF file. Click in the Save in: Window to choose the directory to save your PDF file. Click on the Save button to print to PDF. Print a paper copy Click on File on the application's menu bar. Click on Print from the drop down menu. The Print Dialog Box appears. Select your current printer and press the Print button.

    Quick Note Keep original signed document along with the Notice of Electronic Filing at your office.

15. Continue to file the Notice of Motion (CSD 1182), except for the following Motions to Reopen, which do not require a notice:
• Motion to reopen a case in order to file Debtor's Certification About Personal Financial Management Course (Official Form 423) and Certificate of Debtor(s) Education.
• Motions to reopen a case in order to file Certification Regarding Domestic Support Obligations, Section 522(Q), and Eligibility for Discharge (CSD Forms 2120, 2121, 2122)

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