Notice of Constitutional Challenge Rule 9005.1(b)

Official Procedure - Last Updated: October 11, 2019ClosedAuthor: Demetrius Ross

References

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Notice of Constitutional Challenge Rule 9005.1
Rules / Code / Resources Fed.R.Bankr.P 9005.1

10/11/2019 - Created

Date Description

A party that files a pleading, written motion, or other document calling into question the constitutionality of a federal or state statue must file a notice of constitutional question stating the question and identifying the document that raises it.

This event notifies chambers, so the Judge can prepare the Certification per BK Rule 9005.1 (b)

 

Step-by-Step Procedure:

  1. Select [Bankruptcy>Notices]

  2. Enter case number and click Next

  3. Select Notice of Constitutional Challenge Rule 9005.1 from pick list and click Next

  1. Select Party from party pick list or Add/create new party

  2. Click Next

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

  1. Click Next

The PDF Document selection screen will display.

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

  2. View file to verify the correct file is being selected

  3. Click Open button and file name will appear in the browse window, and click Next

  1. Select the category to which your event relates, and click Next

  2. Select the appropriate event(s) to which your event relates, if applicable and click Next
  3. Click Next
  4. The Final Text screen will display. This is your final opportunity to modify the entry before submitting the filing.
  1. Verify the accuracy of the docket text

Example:

Notice of Constitutional Challenge Rule 9005.1 Filed By AttorneyB on behalf of (filer name). (RE: [14] Motion for Relief from Stay). (Attorney B)

  1. Click Next to complete filing process

The Notice of Electronic Filling will display. It serves as 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 time free look at the documents.