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I also need more information on filing “ex parte” motions and the procedure online.
The term “ex parte” refers to motions, hearings or orders granted on request of and for the benefit of one party only. For electronic filing, the appropriate motion would be chosen and “ex parte” selected from the drop down selection list before submission.
I need more information on filing emergency motions and setting emergency hearings.
If a hearing date is needed, you would contact the courtroom deputy for the judge assigned to the case. Their contact information is listed on the court’s web site in Directories/Personnel. Once the hearing date has been obtained, you would include this in the emergency motion for filing electronically. The appropriate motion would be chosen and “emergency” would be selected in the drop down selection list before submission. Local Rule 9014-2 outlines procedures to request a reduced or shortened response time when necessary.
What fee should be charged for converting a chapter 13 to a chapter 7 and for splitting the case?
If the motion is filed prior to conversion of the case, the Bankruptcy Court Miscellaneous Fee Schedule states that the fee to divide a case is the same as the Chapter 13 filing fee. Additionally, the conversion fee must be paid. If the case is split after the conversion, the fee is the same as the Chapter 7 filing fee. For a schedule of all bankruptcy fees, please go to General Info>Fees on the court's website.
What fee should be collected for a case that was closed in 1995 and reopened today?
The filing fee is the amount of the filing fee in effect on the date of the request to reopen the case. There is no administrative fee; however, the additional $15 trustee surcharge must be collected for a Chapter 7 case.
How does Pacer determine what a "page" is for billing purposes?
We use a formula to determine the number of pages for an HTML formatted report. Any information extracted from CM/ECF, such as the data used to create docket sheet, is billed using a formula based on the number of bytes extracted (4320 Bytes equals one page). For a PDF document, the actual number of pages are counted to determine the number of billable pages. For report data that is printed from CM/ECF, the print job will not always match the number of pages billed but is dependent on individual printer and browser settings. All users are charged equally for the same information regardless of the browser settings or printer configurations.
How do I know if a pdf file size is too large? Are there any instructions about how to scan those documents to make the file size smaller?
The court's file size limit is set at 10 megabytes and this should accommodate most documents. If not, the document will need to be divided into smaller increments and attached separately. If you're attempting to upload a scanned document, the scanner utilized should be set at 300 pixels per inch or higher. Adobe products are preferred. Scanned documents that contain bar codes, markings or variations in the document take up more "space" so it may seem it will be accepted but isn't. If in doubt, separate it into multiple documents before attempting to file.
How would I find out how long I have to file an appeal?
Pursuant to FBR 8002, the time for filing a notice of appeal is within 14 days of the date of the entry of the judgment, order, or decree appealed from.
If I need to serve something on all creditors, where is the best place to obtain the most recent version of the mailing matrix?
In CM/ECF, Utilities/Mailings/Mailing Labels by Case gives the most updated version of the mailing matrix. This will reflect any BNC preferred mailing addresses.
Do lien avoidance motions have special requirements?
Yes. The motion to avoid lien should contain a description of the property, the fair market value, and the amount claimed as exempt. Also, if the motion seeks to avoid a lien on property not listed as secured and/or not claimed as exempt on Schedules C and/or D, the schedule(s) must be amended to properly indicate the security and/or exemption. The $30.00 fee for changing the classification of a debt is required if amending the schedule.
I recently filed a notice of appearance on behalf of a creditor and was confused when presented with the “Role” selection list. How do I know which role to choose?
In this instance, as well as most instances, the role would be “creditor.” Also, an address does not need to be listed for the creditor since the attorney is filing a notice of appearance on behalf of this creditor. Please don’t insert an email address in this field when adding a creditor/party.