*To open
a bankruptcy case using the Open a BK Case hyperlink from the CM/ECF menu,
use the petition as your guide to complete the following instructions:
-
*Open the Bankruptcy Case
- This assigns your bankruptcy case number and
begins to create the case docket.
- For small business
chapter 11 cases the following documents must be included with
the petition at the time of filing or the documents will be considered
deficient and due within 15 days of filing the petition.
- Small Business Balance Sheet
- Small Business of Operations
- Small Business Case Flow Statement
- Election of Small Business Designation by
Debtor
-
Upload
creditors to the bankruptcy case.
- Creditors are upload to the case for noticing
purpose.
- Assign
the Judge, Trustee and 341 meeting date, time and location.
-
File the Individuals Debtor's Certificate
of Credit Counseling as a separate docket entry for chapter
7, 11 and 13's.
- If a joint petition case, file the Joint
Debtor's Certificate of Credit Counseling.
- File the Chapter 13 Plan as
a separate docket entry, if applicable.
- File the Tax
Returns that are required for chapter 11 small business cases.
File as a separate docket entry using the Tax
Return (secured image) document event.
*Open
a Bankruptcy Case
The following are screens that will appear as you open your case.
- Select
Bankruptcy menu.
- Select
Open a BK Case.
-
Case Number Screen
- Select appropriate chapter, 7, 11, 12, 13, etc.
- Select "yes" if joint petition (joint
debtor.)
-
Select "yes" if case is deficient (i.e., missing schedules,
plan, certificate of credit counseling, etc.)
- Note: Subsequent screen will follow to indicate
which schedules, plan, certificate of credit counseling, etc are missing.
-
Search for a Party Screen Note:
Repeat this step to add joint
petitioner, if applicable.
- Enter social security number, tax identification
number, last name or business name to search for debtor name in the CM/ECF
database.
-
Party search results
-
Debtor name does
not appear:
-
Debtor name appears:
- select the name from the list
- verify debtor information, mailing address,
redacted social security number, etc., from the pop up window. Note:
If debtor is "Barred from Filing" STOP
opening the case.
- Debtor name
appears but mailing address is incorrect, click on ""
button.
- Verify once more for correct party information
and Submit.
-
Statistical Information Screen
- Select "Type of Debtor," such as individual,
corporation, etc.
-
Select the appropriate Fee Status:
- "Paid"
- "Installment" - an Application
for Installments is required. See Application for Installment procedures
for chapter 7, 11,
12, 13.
- "IFP Filing Fee Waived - an Application
for Waiver of the Chapter 7 Filing Fee is required. See Application for
Waiver of the Chapter 7 Filing Fee procedure.
- Select "consumer" or "Business"
for Nature of debt.
- Select "yes" for Asset Notice, ONLY
if case is a Chapter 13 or 11.
- Select the appropriate Estimated number of creditors,
assets and debts for the case.
-
Deficiency List Screen (Note:
This screen only appears if you selected "yes" in the Deficiency
field in the Case Number Screen.)
- Check items not included in the petition. Note:
If missing all schedules, select Schedules A-J, and not each item individually.
-
Select the PDF Screen
- ,
verify and attach the document (PDF file).
-
READ IMPORTANT NOTES BELOW
- Certificate of Credit Counseling must
be filed as a separate document, not included with the petition.
- Schedule "C" is only required
if the debtor is filing as an individual (Local Rules1007(b)
and Fed. R. Bankr P 11 USC Section 522(b).
- PDF copy of Voluntary Petition must contain
the redacted social security number.
-
,
such as Disclosure of Compensation of Attorney for Debtor (CSD 1009),
if applicable.
- Verify deadlines
for documents due to the court.
- Select the "no",
"yes" or "unknown" for Presumption Arises. Note:
This only appears for Chapter 7 cases.
- Verify filing fee and deadlines.
- Modify
text to add pertinent information, if applicable.
- Verify
final docket text before submitting onto case docket.
-
the Notice of Electronic Filing. It's your receipt.
- Make note of the assigned case number.
- Continue procedure
with uploading creditors to
the bankruptcy case.
Note:
The Declaration re:ECF (CSD 1801) and the Statement
of Social Security Number (B 21) with original signatures
must be filed on or before 15 days of filing the petition via U.S. Mail
or at the Bankruptcy Court's Intake window at 325 W. F. Street, San Diego,
CA 92101.
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