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Motion to Abstain
Motion to Abstain
Home Filing Documents - Attorney/Court Motions/Applications

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11 U.S.C. 305
Fed. R. Bank. P. 5011

Event: Bankruptcy > Motions/Applications > Abstain 11 USC 305

Filing Requirements:

  • Motion to Abstain (If filed in an Adversary, only the motion is filed and a telephonic hearing/hearing is scheduled.)
  • Notice of Motion. Usually 14 days to object unless circumstances require more or less time. Notice is sent to the parties in interest.
  • Proof of Service
  • Proposed Order (may be filed after the last day to object has expired)

To File Electronically:

  1. Log into CM/ECF.
  2. Select [Bankruptcy > Motions/Applications].
  3. Enter the case number (e.g, xx-xxxxx).
  4. Select [Abstain 11 USC 305] from the event list.
  5. Select the party filer. If the party is not listed, click on Add/Create New Party.
    Note: The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.
  6. Browse to select the Motion (.pdf file).
    Note: The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.
  7. Enter the last day to object (defaults to 14 days; modify if necessary).
    Note: Remove this date if you are not filing a Notice at this time.
  8. Is this an Amended Motion?
  9. Modify the text as appropriate.
  10. Verify the final docket text; if correct, click [Next] to submit your document(s).
    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.
  11. Docket the Proposed Order. Instructions
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