Motion to Compel

Created:  May 31, 2016

Filers can use this motion for any reason OTHER THAN compelling the trustee or debtor in possession to abandon property of the estate per Rule 6007(b).

A party, other than the trustee or debtor in possession, seeking to compel abandonment of property per Rule 6007(b) should file a Motion to Compel Abandonment.  

 

A trustee or debtor in possession seeking to abandon property can file a Notice of Proposed Abandonment or a Motion to Abandon.

 

Step-by-Step Procedures:

1. Select [Bankruptcy>Motions/Applications]

2. Enter case number and click Next

3. Select Compel from pick list and click Next

4. Select Party you represent from party pick list or Add/create new party

5. Click Next

   The Attorney/Party Association screen may display.  If it does, click here.

The following message will display: WARNING: If the Motion is to Compel Abandonment, DO NOT use this event. Please back up and select the event Motion to Compel Abandonment.

6. Click Next

The PDF Document selection screen will display.

7. Click Browse button and navigate to locate the appropriate document/file

8. View file Highlight filename
   
   Right click on filename
   
   Select Open
   
   Review document
   
   Close window to verify the correct file is being selected

9. Click Open button and filename will appear in the browse window

Next, the Proposed Order must be added as attachments to the notice of motion and motion.

10. Click Yes radio button for Attachment to Document and click Next

11. Attach Proposed Order

The following text boxes will appear, fill in both boxes before continuing:

Compel who?

Compel to do what?

Click Next

12. Insert hearing date, time and select hearing location and clickNext

The Modify Text screen will display.  Click down arrow to select a prefix if applicable.

14. Click Next

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

15. Verify the accuracy of the docket text

16. Click Next to complete filing process

The Notice of Electronic Filing will display.  It is the verification that the filing has been sent electronically to the court.

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case.  You have a period of 15 days for a one timefree look at the document filed.