Open a Chapter 13 Bankruptcy Case

Open a Chapter 13 Bankruptcy Case

CSD:

Document Events

*To open a bankruptcy case using the Open a BK Case hyperlink from the CM/ECF menu, use the petition as your guide. IMPORTANT: Read notes regarding summary of case opening process click here.

IMPORTANT:
The Declaration re:ECF (CSD 1801) with original signatures must be filed on or before 15 days of filing the petition either via U.S. Mail , at the Bankruptcy Court's Intake window at 325 W. F. Street, San Diego, CA 92101, or electronically with original signatures in a scanned format (Declaration re:ECF (CSD 1801).

The Statement of Social Security Number (B21) is due at the time of filing of the bankruptcy case. The signature of the debtor in "/s/ typed name of debtor" is allowable.

*Open a Chapter 13 Bankruptcy Case
- This assigns your bankruptcy case number and begins to create the case docket.
- Exhibit D must be included as part of the petition. If a joint petition, a separate Exhibit D must be filed for the debtor and joint debtor.
- Schedule "C" is only required if the debtor is filing as an individual (Local Rules1007(b) and Fed. R. Bankr P 11 USC Section 522(b).
- PDF copy of Voluntary Petition must contain the redacted social security number.
- Documentation supplied by the debtor to support the petition and Valuation Attachment to Plan must be routed to the case trustee via Route Documents to Trustee and NOT attached to the Petition. Rights and Responsibilities may be filed on the docket or routed to the trustee.
Upload creditors to the bankruptcy case.
- Creditors are uploaded to the case for noticing purpose.
Assign the Judge, Trustee and 341 meeting date, time and location.
File the following documentsas separate docket entries, if applicable:

Certificate of Credit Counseling or the appropriate document according to the box checked on Exhibit D

Box 1 - Individual Debtor's Certificate of Credit Counseling
- If a joint petition case, file the Joint Debtor's Certificate of Credit Counseling.
Box 2-Certificate of Credit Counseling is due within 15 Days.
Box 3-Certificate of Exigent Circumstances and Motion for Extension of Time (CSD 1025) with Order (CSD 1026).
Box 4-Motion for Exemption of Credit Counseling and Notice of Opportunity for Hearing (CSD 1027).

Chapter 13 Plan.
Statement of Social Security Number (B21)

*Open a Chapter 13 Bankruptcy Case
The following are screens that will appear as you open your case.

Select Bankruptcy menu.
Select Open Voluntary BK Case.
Select the appropriate information for the following fields:
1. Chapter - 13.
2. Joint Petition - select yes if joint petition (joint debtor.)
3. Deficiencies - select yes if missing schedules, plan, certificate of credit counseling, etc.
  - Note: Subsequent screen will follow to indicate which schedules, plan, certificate of credit counseling, etc are missing.
Search for a Debtor Screen
Note: Repeat this step to add joint petitioner, if applicable.
1. Enter social security number, tax identification number, last name or business name to search for debtor name in the CM/ECF database.
2. Party search results
  - Debtor name does not appear:
    - Click on "Create new party" button.
  - Debtor name appears:
    - Select the name from the list
    - Verify debtor information, mailing address, redacted social security number, etc., from the pop up window. Note: If debtor is "Barred from Filing" STOP opening the case.
    - Select the "Alias" button if debtor has alias(es).
    - - Complete all fields for alias(es)
      - Select the appropriate role for the alias (ie., aka, dba, fdba, fka)
      - Click "Add aliases" button
    - Select the "Review" button to ensure all aliases were added correctly
    - - If alias' information incorrect, uncheck alias, click "Return to Party screen" button, and re-enter information or add additional Aliases via the "Alias" button.
    - Review debtor's information once more and Submit
  - Debtor name appears but mailing address is incorrect, click on "Select name from list" button.
3. Verify once more for correct party information and Submit.
4. NOTE: If "y"es selected for Joint Debtor on initial screen, Search for a joint debtor screen will appear. Repeat previous steps to add joint debtor.
Select the appropriate Statistical Information:
1. Prior filing within last 8 years - yes or no
2. Fee Status:
  - "Paid"
  - "Installment" - an Application for Installments is required. See Application to Pay Ch 13 Filing Fees in Installments..
3. Nature of debt - consumer
4. Asset notice - yes
5. Estimated number of creditors, assets and debts - select the number listed on the petition.
6. Type of Debtor - Individual
Summary of Schedules Screen
1. Fill in all appropriate fields according to the Summary of Schedules and/or Statistical Summary, if applicable.
Browse, verify and attach the document (PDF file).
1. Attach supportive documents, such as Disclosure of Compensation of Attorney for Debtor (CSD 1009), if applicable.
  IMPORTANT: The following documents, if applicable, must be filed as separate documents after case is opened:
Deficiency List Screen (Note: This screen only appears if you selected "yes" in the Deficiency field in the Case Number Screen.)
1. Check items not included in the petition and/or documents, such as Credit Counseling Certificate and Chapter 13 Plan, that are required. Note: If missing all schedules, select Schedules A-J, and not each item individually.
Verify deadlines for Incomplete Filings documents. (Note: This screen only appears if you selected "yes" in the Deficiency field in the Case Number Screen.)
Verify filing fee and deadlines.
Modify text to add pertinent information, if applicable.
Verify final docket text before submitting onto case docket.
Print the Notice of Electronic Filing. It's your receipt.
- Make note of the assigned case number.
Continue procedure with uploading creditors to the bankruptcy case.