When a duplicate petition is filed electronically in error for the same debtor, the second case (the one with the higher case number) must be stricken. 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 strike the duplicate case within three business days.

Procedure

1. Prepare a Motion to Strike Duplicate Case Filed in Error in the duplicate case with the higher case number, using the sample order striking duplicate case as a guide.

   Sample Order

   Order Striking Duplicate Case

2. File the Motion to Strike Duplicate Case Filed in Error in the duplicate case.  Use the event Strike (Motion) found under Bankruptcy Events > Motions/Applications.
3. Draft an order granting the motion. Upload it into e-orders by clicking Order Upload and selecting Single Order Upload.