Application/Motion to Appoint

CSD

Local Rule #

Federal Rule #

Category:  Motions/Applications

Use this document event for appointing an appraiser, examiner, trustee, chapter 11 trustee or any other appointed professional, which does not have a specified document event,  to the case.

If a Notice of Motion or Request for Hearing accompanies this Motion, file this Motion prior to the Notice.  The Notice (or Request for Hearing) must be filed under its own document event and referred (linked) to this Motion.

IMPORTANT:  Pursuant to Local Bankruptcy Rule 9034, in chapters 7, 11, and 12 cases, a statement of position from the U.S. Trustee must be requested for applications to employ attorneys and other professionals including, but not limited to, accountants, appraisers, auctioneers, agents, and brokers pursuant to 11 U.S.C. §327 or § 1103 and as required by LBR 2014 and 6005. To obtain a statement of position read the Procedure in the Quick Note.

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: Appoint (Application/Motion).
6. Browse, verify and attach the document (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 type of appointment:
   • for appointment of an appraiser
   • for appointment of examiner
   • to appoint trustee
   • for appointment of  chapter 11 trustee
   • to appoint
9. Modify text to add appointee's name and title and 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.

10. Verify final docket text before submitting onto case docket.
11. 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.

12. Continue with filing the Notice or Request for Hearing, if applicable.

Note: For applications to employ attorneys, appraisers and other professionals, the U.S. Trustee has 14 days from the date of filing and service of the application to file a statement of position. Click on the appropriate scenario regarding the Statement of Position response to view the Movant's options:

• The deadline for filing a statement of position has expired or the U.S. Trustee objects to the movant's application with no hearing requested.

  The Movant may take any of the following actions:

  • submit an order to the Court requesting approval of the motion or application, that must reference the docket number for any U.S. Trustee's statement of position;
    
  • file supplemental Documents in response to the statement of position; or
    
  • schedule a hearing with proper notice to the U.S. Trustee and other parties in interest.

   

• The U.S. Trustee requests a hearing in the statement of position.

  The Movant must schedule the hearing with proper notice to the U.S. Trustee and other parties in interest.

• The U.S. Trustee does not object to the movant's application.

  Continue with uploading e-order.

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