INDEX

Bankruptcy Case Opening

These instructions will guide you through the steps to open a bankruptcy case in CM/ECF.  In preparation, please review the required documents for filing a new Chapter 7, Chapter 13, or Chapter 11.  These instructions assume you have already accessed and logged into CM/ECF (see How to Access CM/ECF).

If you plan to access queries and reports, you will also need to have your PACER login and password available.  You will be prompted to enter your PACER login and password upon selecting one of these options.
 

E-FILING INSTRUCTIONS:

1. [Bankruptcy]

2. [Open a BK Case]

   • The Case Type will always be bk.  Do NOT change this.

   • The current date will always be displayed in the Date Filed field.  This date can not be changed.

   • Select the Chapter for the petition you are filing from the pick list box, or skip it if the default is correct.

   • The default value for Joint Petition is n (no);  If you are filing a Joint Petition, select y (yes).

   • The default in the Deficiencies box is "no". Do NOT change this, even if you are aware of deficiencies in the petition you are filing. Court staff will verify if deficiencies exist and issue a Notice of Deficiency if necessary.

   • Click [Next] to continue.

   NOTE:  The case number will be generated later in this process and will be displayed on the Notice of Electronic Filing.

3.  The PARTY SEARCH screen displays.

   • On this screen you will be entering "search clues" to look for the debtor in the Court's database. 

   • If the debtor is an individual, enter the debtor's social security number in the SSN box in the format nnn-nn-nnnn and click [Search].

   • If the debtor is a business, enter the debtor's tax identification number in the Tax Id box in the format nn-nnnnnnn and click [Search].

   NOTE:  If the debtor has both a social security number and a tax identification number, only enter the social security number.

   • CM/ECF will search to see if the debtor already exists in the database from another case.  This will eliminate duplicate records in the system.  If the debtors name is found in the database, contact the Court before proceeding. 

   • If there are no matches, you may also search by Last/Business name.  If this is a business filing, enter the first word of the name to search in the Last/Business name field. The entire business name is stored in the database.

4. If there are no matches, the system will return a No Person Found message.

   • REMINDER:  If the debtors name is found in the database, contact the Court before proceeding.

   • NOTE: Your name search may find more than one record having the same name. Clicking on each of the names will display a window showing the party’s address information for verification.

   • Once you have tried alternative searches and determined that the party is not already on the database, add them to the database. To do this, click [Create New Party].

5.  The PARTY INFORMATION screen displays.

   • If you typed a name in the Last/Business name box on the previous screen, it will display in the Last Name box.

   • Enter the debtor’s Name and Address information in the appropriate boxes using the tab key to advance through the boxes.

     • For the state, use the standard postal state abbreviation (in caps).

     • Select the debtor’s County of residence from the pick list box.

     • Do NOT type anything in the Phone box.

     • Accept the default of "no" for the Pro se box.

     • Do NOT type anything in the Title box.

     • If you typed social security number or tax identification number in the previous screen, it will display in the SSN or Tax Id box on this screen. If this information does not appear, it must be added at this time.

     • Do NOT type anything in the Office box.

     • Do NOT use special characters such as parentheses, brackets, or percent signs.

     • When adding a party, the Role Type will default to blank. You must select a Role Type of "debtor". Expand the pick list by clicking on the down arrow ▼ and then select the correct party role.

       • NOTE: You must change the role type from blank to a valid party role before the system will allow you to continue.

     • If applicable, enter further descriptive text for the debtor in the Party text field, if appropriate (such as A Delaware Corporation, Guardian of the State, etc.)

     • It is not necessary to add the attorney representing the debtor. Because you are an attorney, Your name will be linked to the party you are representing automatically at the end of this transaction. Your login will furnish your attorney information to the system.

     • If the party has an alias, click here for instructions on entering the alias. If the debtor does NOT have an alias, click [Submit] to continue.

       • NOTE: If this is a joint debtor filing, a JOINT DEBTOR PARTY screen would appear next.

6. The next screen indicates the case is being assigned to the District of Delaware.  Click [Next] to continue.

7. The STATISTICAL DATA screen appears next.  

   • Select the Type of Debtor by clicking in the appropriate box(es).

   • The Fee Status values are Paid and Installment. If the filing fee is to be paid in installments, select Installment from the pick list box.  Otherwise, accept the default Paid.

   • Designate the Nature of Debt as Consumer or Business.

   • The default value is for a Voluntary Petition. For Involuntary Petitions, select Involuntary from the pick list box.

   • Always accept the default in the Origin box ("Original"). 

   • Do NOT type a date in the Date Split/Transfer box (leave blank). 

   • Choose Yes or No for Asset notice designation.

     • IMPORTANT NOTE:   

       • If filing a Chapter 7, always enter "No"

       • If filing a Chapter 13 or Chapter 11, always enter "Yes"

   • Select the range of Estimated Creditors from the pick list box.

     • 1 -15

     • 16 - 49

     • 50 - 99

     • 100 -199

     •  200 - 999

     • 1,000 - over

   • Select the correct dollar range for Estimated Assets.

     • Under $50,000

     • $50,001 - 100,000

     • $100,001 - 500,000

     • $500,001 - 1 million

     • $1,000,001 - 10 million

     • $10,000,001 - 50 million

     • $50,000,001 - 100 million

     • More than $100 million

   • Select the correct dollar range for Estimated Debts.

     • Under $50,000

     • $50,001 - 100,000

     • $100,001 - 500,000

     • $500,001 - 1 million

     • $1,000,001 - 10 million

     • $10,000,001 - 50 million

     • $50,000,001 - 100 million

     • More than $100 million

   • If you are opening a chapter 11 or chapter 12 case, indicate whether or not the debtor is a small business.

     • NOTE:  If you are not opening a chapter 11 or chapter 12 case, the Small Business box will not display on this screen.

   • Click [Next] to continue.

8. SELECT A PDF DOCUMENT

   • This screen is used for associating the imaged petition and related documents with this entry. You may not bypass associating an imaged document.

   • The Petition, Schedules, Statements of Financial Affairs, and other required documents for filing should be included in a single PDF document and not submitted as separate attachments. 

   • Chapter 13 plans and Applications to Pay Filing Fee in Installments are to be filed as a separate docket event and should NOT be included here.

   • [Browse] and select the correct pdf.

   • Accept the default setting of No for the Attachments to Document radio buttons, then click [Next] to continue.

9. The next screen will display the amount of the FILING FEE.  Do not change the amount displayed unless you will be filing an Application to Pay the Filing Fee in Installments. If you intend to file an Application to Pay the Filing Fee in Installments, change the dollar amount to the amount of the first installment payment, which must an amount greater than zero. Upon completion of filing, you will be prompted to enter your credit card information for payment of this filing fee.  Click [Next] to continue.

10. The MODIFY DOCKET TEXT screen appears.

    • Only if needed, click inside the Free Text box and enter additional descriptive information (most times no additional text is needed).

    • Click [Next] to continue.

11. The FINAL TEXT EDITING screen displays

    • IMPORTANT NOTE: This is the last opportunity to make any changes before the case is officially opened!

    • Proof this screen carefully! This is what will print on the docket sheet.

    • If the docket text is incorrect, click the browser [BACK] button at the top of the screen one or more times to find the screen to be modified, make the correction, then process the screens again with the respective [NEXT] or [SUBMIT] buttons.

    • To abort or restart the transaction, click on the Bankruptcy hyperlink on the CM/ECF Main Menu Bar. Although this can be done at any time, this is your last opportunity to abort or restart.

    • The case number will now be assigned. Click [NEXT] to continue.

12. The NOTICE OF ELECTRONIC FILING screen displays.

    • Print a copy of this notice by clicking the browser [Print] button. 

    • Make a note of the case number, which appears in blue.

    • NOTE: You must enter your PACER login and password to view any documents or reports or perform any queries.

    • A pop-up credit card payment window will appear on the screen overlaying the Notice of Electronic Filing. This screen will contain the new filing fee charge and any other outstanding CM/ECF filing fees. You must pay all filing fees incurred with a credit card.  Click here to see detailed instructions on making payments with a credit card.

13. The NOTICE OF BANKRUPTCY CASE FILING

    • The Notice of Bankruptcy Case Filing hyperlink appears at the top of the Notice of Electronic Filing. Clicking on this hyperlink reveals a notice (via PACER) summarizing the pertinent details and participants of this case.

    • NOTE: The Notice of Bankruptcy Case Filing will NOT initially include the judge and trustee information. Therefore, a user may choose to produce this notice after the judge and trustee have been assigned to the case.

    • This certification was created in addition to the Notice of Electronic Filing. It also displays the debtor(s) attorney, trustee, case number, time, and filed date of the case opening information. It can be used to notice creditors as an official notice of stay besides the 341 Meeting Notice to stop foreclosures and other creditor actions. It may be saved or printed at the time of filing.

    • The Notice of Bankruptcy Case Filing is also available for viewing or printing through the Query Main Menu Bar selection.

    • To print a copy of this notice, click the browser [Print] button.

    • To save a copy of this receipt, click [File] on the browser menu bar and select Save Frame As.

ADDITIONAL STEPS:

• Upload a Creditor Matrix in applicable cases.

• Submit Statement of Social Security Number(s), Official Form 21 in applicable cases.

updated: 
October 15, 2004 to indicate that when paying in installments, an initial payment must be made (amount must be greater than zero).