Determine Amount of Secured / Priority Claims (Rule 3012)

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Last Updated: December 1, 2017

 

Background: 

The revised Bankruptcy Rules, effective December 1, 2017, modified Bankruptcy Rule 3012 to provide for a party in interest to seek a determination of the amount of a secured claim and the amount of a claim entitled to priority.

This event was formerly titled, Motion to Determine Value of Claim Secured by Lien.

Important! If a claim has been filed, please select that claim from the list that appears. If a claim has not been filed, please bypass the claims screen.

Rule 3012 Determining the Amount of Secured / Priority Claims

Reminder

A request to determine the amount of secured claim may be made by a motion, claim objection or in a plan filed in a chapter 12 or chapter 13 case.

A request to determine the amount of a claim entitled to priority may be made only by motion after a claim is filed or in a claim objection

 

 

Step by Step Instructions: 

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1. Select Bankruptcy from the main menu

2. Select Motions/Applications

3. Enter case number and click Next

4. Select Determine Amount of Secured / Priority Claim (Rule 3012) from pick list and click Next

5. Select the Party you represent from the party pick list or Add/Create a new party if your party does not appear in the pick list.

6. Click Next

   Click Here if the Attorney / Party Association displays.

7. The PDF Document selection screen will display.

   Upload the document you are filing:

   • Click the Browse button and navigate to locate the appropriate document/file
   • View File to verify the correct file is being selected
   • Click the Open button and the filename will appear in the Browse window
   • Click Next
8. An Alert will display: 

   ALERT: Please select the appropriate claim on the following screen. If a claim has NOT been filed, do NOT make any selection on the next screen.

   Click Next

9. The Claims Selection Screen will display

   • Select the claim applicable to your filing or if a claim has not been filed,
   • Click Next

10. The Determination screen will display.

    

    • Select a radio button
    • Click Next

11. If Secured was checked, the following screen will appear:

    

    • Select the appropriate radio box
    • Click Next

     

12. The Hearing Date Screen  will display.

    Complete the applicable Hearing Information:

    • Enter a Hearing Date
    • Enter a Hearing Time
    • Select Location from Location pick list.  
    • Click Next

13. A blank screen will appear, click Next

14. The Modify Text screen will display.
    If applicable, you may make a selection from the prefix dropdown box.
    Click Next.

15. The Final Text screen will display.  This is your final opportunity to modify the entry before submitting the filing.

• Verify the accuracy of the docket text.
• Click Next to complete the filing

Examples:

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The Notice of Electronic Filling will display. It serves as verification that the filing has been sent electronically to the court.