Trustee Motion to Dismiss/Pay Default Clause (Newark)
This event is programmed in CM/ECF to automatically transmit statistical information to the Administrative Office of the U.S. Courts pursuant to statutory mandates of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Please be sure this is the most appropriate event for the pleading you are filing.
Forms are available. See Local Recommended Forms- Chapter 13 Standing Trustee's Certification of Default, Order Regarding Chapter 13 Trustees Motion to Dismiss or Certification of Default.
STEP 1 Click on Bankruptcy
STEP 2 Click on Motions/Applications
STEP 3 Enter case number; click [NEXT]
STEP 4 Select Trustee Motion to Dismiss/Pay Trustee/Default Clause (Newark)
STEP 5 If this is a joint filing, place a check in the box and click [NEXT]. If this is not a joint filing, click [NEXT] to skip this screen.
STEP 6 Select the Party or click Add/Create New Party
TIP - If this is the first time you are appearing on behalf of this party, you will be asked to create an association between the attorney and client on the next screen as shown below:
Please be aware that unchecking the association check box will prevent you from receiving Notices of Electronic Filing in this case.
STEP 7 Upload the .pdf document; click [NEXT]
TIP - Supporting documents such as a Certificate of Service or a Proposed Order should be uploaded as an attachment to the main pleading.
STEP 8 Select type of dismissal from list:
- For Failure to Make Payments
- For Failure to File Taxes
STEP 9 A Hearing Information screen displays. Use the Click Here link to find the judge's hearing dates. Enter a date, time and location; click [NEXT]
STEP 10 Confirm case information; click [NEXT]
STEP 11 Docket text displays. Review for accuracy. If modification is necessary, abort the transaction and begin again. Modifications cannot be made on this screen.
SAMPLE DOCKET TEXT
Trustee's Motion to Dismiss Case or Direct Employer to Pay Trustee or for Entry of an Order for Default Clause filed by Test Attorney on behalf of Test Client. Hearing scheduled for [date, time, location]. (test atty)
STEP 12 Notice of Electronic Filing displays.