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Proposed
Judgments
Last Updated: March 15, 2011
Note: To obtain a Judgment from the
Bankruptcy Court, the party must file a Proposed Order for Judgment
clearly stating who the judgment is for/against and the amount
of the Judgment. If the request is for a money
Judgment, it will be recorded in the .
To
File Electronically:
Select [Adversary
> Miscellaneous].
Enter
the case number (e.g, xx-xxxxx).
Select [Proposed
Judgment] from the event list.
Skip
the .
Select
the party filer.
Enter the
"Order to be signed on or after" date:
Judge Martin cases:
Generally, enter day after last day to object or same day
order was filed; whichever date is later.
Judge Utschig cases: Generally, enter three days after last
day to object or five days after order was filed; whichever
date is later.
to select the Proposed Judgment (.pdf file).
A Proof of Service or Affidavit of No Objection may be added
as an to this document. Do not
check the radio button to add attachments to this document
IF the attachments should be part of the signed judgment.
Instead, create a single PDF document that includes
the attachments.
to the appropriate document (e.g.,
Complaint, etc.).
Enter the
Order Type.
Select
Urgent only when
the proposed judgment needs to be signed as soon as possible
(i.e., there is a verifiable emergency or other situation
necessitating immediate signature).
Select
Routine for all
other judgments.
Enter a
Hearing Date if the proposed judgment is being submitted as
a result of a hearing. Otherwise, leave this field blank.
Add a description of the
Proposed Judgment to text (e.g.,
Judgment for {name} ...).
Verify
the final docket text; if correct, click [Next]
to submit your document(s).
Note: The displays
giving you the document number. Copies of this notice are
immediately e-mailed to all participants who receive electronic
notification in the case.
Check
to see if the amount awarded is accurate according
to the other pleadings in the file.
Check
to see that the addition or subtraction in the Judgment
is accurate. Often the principal is shown as one figure,
the cost as another and the total is shown in another
paragraph.
Make
sure all figures set out in the Judgment also agree
with the amount written in words. For example, Five
Thousand and no/100 Dollars ($5,000.00).
If a
Money Judgment, enter all information on the judgment
information screen. This information is added to our Judgment
Index found under Reports
> Judgment Index.
Note: The key words to look for in a Judgment to determine
if a Money Judgment has been granted are "does have
and recover" and a dollar amount.
If not
a Money Judgment, leave the Amount, Court costs, and Interest
rate blank.
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FRCP: 58
FRBP: 9022, 5003(c) |
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