Motion to Sever Chapter 13

NOTE:  If the purpose of severing the case is to convert one of the joint debtors to another chapter, you must wait until the Motion to Sever is granted and a new case is opened for the severed debtor before filing a Motion to Convert or Notice of Voluntary Conversion.  Please be aware that the motion or notice must be filed in the case the movant wishes to convert.

STEP 1          Click on Bankruptcy

STEP 2          Click on Motions/Applications

STEP 3          Enter case number; click [NEXT]

STEP 4          Select Sever (fee) Chapter 13 Case from drop down list; click [NEXT]

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; 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 8a        Do you wish to convert the existing or severed case to another chapter?  Select Yes or No.  

TIP - If you select Yes, the following message will display: To convert this case or a newly severed case, the movant must file a separate Motion to Convert or Notice of Voluntary Conversion in the appropriate case - AFTER this case has been severed.

STEP 8b        Is the Severed Debtor going to be dismissed? Select Yes or No. Click [NEXT]

STEP 9a        Variable box displays, Party to be Separated.  Capitalize the first letters only.  Do not use all caps when entering text in CM/ECF.

STEP 9b        A Hearing Information screen displays.  Use the Click Here link to find the judge's hearing dates.  Enter the a date, time and location; click [NEXT]

STEP 10        The filing fee will only display if debtor is not being dismissed; 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

Motion to Sever. Party to be Severed: (free text). Filed by Test Attorney on behalf of Test Client. Hearing scheduled for [date, time, location]. (test atty)

STEP 12        Notice of Electronic Filing displays.