When a duplicate petition is filed electronically for the same debtor, one of the cases must be dismissed. It is the practice of this Court to dismiss the case that was filed second (the case with the higher case number). When the Clerk’s Office discovers that a duplicate bankruptcy case has been filed, the Clerk’s Office will docket and send a Notice of Error to the attorney who filed the duplicate case. The attorney must file a motion to dismiss duplicate case within three business days.

Procedure

1. Ensure creditors have been uploaded, and the judge/trustee assignment module has been run. This is necessary for CM/ECF to assign a judge to the case.
2. Prepare a Motion to Dismiss Duplicate Case in the case with the higher case number, using the sample order dismissing duplicate case as a guide.

   Sample Order

   Order Dismissing Duplicate Case

3. File the Motion to Dismiss Case for other reasons.
4. Draft an order granting the motion. Upload it into e-orders by clicking Order Upload and selecting Single Order Upload.