Stipulation Not Relating to a Previously filed Motion
Last Updated: March 15, 2011

If no previous motion was filed, an agreement relating to: 1) relief from stay, 2) prohibiting or conditioning the use, sale, or lease of property, 3) providing adequate protection, 4) use of cash collateral and 4) obtaining credit may require a motion for approval and a 14-day notice to the creditors' committee, or if no committee is appointed, to the list of 20 largest unsecured creditors.

A MOTION FOR APPROVAL IS NOT REQUIRED IF THE STIPULATION RELATES TO A PREVIOUSLY FILED MOTION.


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications] OR [Adversary > Motions/Applications]

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Stipulation] from the event list.

  5. Skip the Joint Filing screen.

  6. 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.

  7. Browse to select the Stipulation (.pdf file).

    Note: Attach supporting documents, if applicable. Proposed Order MUST be filed using the Proposed Order event.

  8. Answer question, "Stipulation with Whom?"

  9. Answer questions re: discharge/dischargeability

  10. Skip the "Refer to an existing document" screen.

  11. Modify the text as appropriate.

  12. 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.

  13. If a Motion for Approval is required, Electronically file the Motion [Bankruptcy > Motions/Applications > Approve Compromise/Settlement - Other than FRBP 9019]

  14. Electronically file the Proposed Order. Instructions

 

 

 

 

11 U.S.C.:
FRBP: 4001(d)(1)