ANNOUNCEMENTS

Local Rules Changes Effective 5-20-2013

The following changes have been approved by the Local Rules Committee and approved by the Judges of the Bankruptcy Court for the Eastern District of North Carolina:

• Local Rule 2016-1(a)(6) Amendment
• Rule 4008-1 (New)

Local Rules (Revised as of May 20, 2013)

Fee Schedule - Updates

Bankruptcy Miscellaneous Fee Schedule Effective 5/1/13 - Click here

Electronic Public Access Fee Schedule Effective 4/1/13 - Click here

Bankruptcy Judge J. Rich Leonard named Dean of Campbell University School of Law

Raleigh – J. Rich Leonard, United States Bankruptcy Court Judge for the Eastern District of North Carolina, has been appointed as the next dean of Campbell University’s Norman Adrian Wiggins School of Law. Leonard’s appointment, effective July 15, 2013, fills the position currently held by Interim Dean Keith Faulkner.

Campbell University - Press Release

New Claims Transfer Fee to Take Effect May 1, 2013

• Effective May 1, 2013, the bankruptcy courts will begin charging a new fee of $25 for
  each claim transferred, which was approved by Judicial Conference of the US at its Sept. 2012 session.
• Bankruptcy Rule 3001(e) requires the clerk of court to notice a transferred claim, and provides additional notice and hearing requirements if an objection to a transfer is made.
  
• The fee will be assessed by bankruptcy courts upon the filing of the claim transfer,
  whether filed by a transferee or transferor, it will apply to partial claims transfers as well.
• In the event multiple claims transfers are filed at one time by one entity (claims upload or
  batch filing), the $25 fee will be charged for each individual claim transferred.
  
• The fee must be paid by credit card upon the filing of the claims transfer in CM/ECF
  using Pay.gov, ACH Debit card, or by certified check, money order, or cash if the
  claim transfer is not filed electronically.
• Entities that transfer claims should be aware that courts may be reviewing user accounts,
  account access, and the number of accounts authorized for a particular entity in
  anticipation of this fee.
  

For questions regarding this fee, contact Beth Pittman at beth_pittman@nceb.uscourts.gov

Procedure Change - Incorrect PDF's

Incorrect PDF document is attached to the entry when pleadings are filed.

New Procedure:   Beginning February 4, 2013

• It will be the filer’s responsibility to docket the correct PDF attachment once the deficiency is issued.
• The event will be located in the Miscellaneous category and will be entitled “Corrected PDF Attachment.”
• You will link it to the original entry that had the incorrect PDF.
• It will no longer be necessary to email the document to the court.

Previous  Procedure:

• The Court would issue a deficiency notice with instructions for the correct attachment to be submitted via email.
• Upon its receipt, court staff adds the corrected attachment to the docket.

ATTENTION: PRO SE DEBTORS AND OTHER UNREPRESENTED PARTIES

During the course of a bankruptcy case or proceeding, bankruptcy court notices are mailed by the Bankruptcy Noticing Center (BNC) on behalf of the court. The BNC, which is operated by a private contractor, provides notice production and mailing services for the court, but THE BNC IS NOT THE COURT.

DO NOT SEND DOCUMENTS TO THE BNC

Documents related to a bankruptcy case or proceeding should be sent directly to the court.

NEW COURT PROCEDURE EFFECTIVE 1/1/13

Motion to Continue Meeting of Creditors

Previously, the court served orders continuing the 341 Meeting of Creditors through the BNC.

• Beginning on January 1, 2013, service of the order granting a Motion to Continue Meeting of Creditors will be the responsibility of the Debtor's attorney.
• When the order is entered, a 3 day deadline will be set for filing of a Certificate of Service evidencing
  service on all creditors in the case.
• Please note, rescheduled 341 meetings pursuant to a request by the Trustee will continue to be served on all creditors by the court.

New Procedure for Certification By Debtor

Reminder: The court is changing its procedure regarding filing of the Certification by Debtor Regarding Discharges in Prior Cases and Payment of Domestic Support Obligations.

Currently, the court serves this form on Chapter 13 debtors once the trustee makes a text entry that the plan is nearing completion.

Effective December 1st, serving the Certification on the debtor(s) will become the responsibility of the debtor’s attorney. The text event “Notice to Clerk That Plan is Nearing Completion” will be modified in order to notify the attorney that the certification should be served on the debtor(s), and will include a deadline for filing the Certification. In addition, the Certification will be changed to a local form, and will be posted on the court’s website under Forms.

Form to be used: Certification By Debtor Form

Coming Attractions: Check Capture

On September 26, 2012, (Wilson office) and October 3, 2012, (Raleigh office) the court will start scanning all checks* received as payment and those payments will be submitted electronically to the U.S. Treasury. Once these transactions have cleared the bank, your checks will be destroyed.

This new process requires the following disclosure to our customers:

*The court does not accept checks from debtors.

Notice to Customers Making Payment by Check When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. Privacy Act – A Privacy Act Statement required by 5 U.S.C. § 552a(e)(3) stating our authority for soliciting and collecting the information from your check, and explaining the purposes and routine uses which will be made of your check information, is available at the following link: OTCnet Agency Conversion Progress, or call toll free at (1-866-945-7920) to obtain a copy by mail. Furnishing the check information is voluntary, but a decision not to do so may require you to make payment by some other method.

If you have any questions regarding this new procedure, please contact Christine Castelloe via e-mail: Christine_Castelloe@nceb.uscourts.gov

This month, the Judiciary’s Bankruptcy Noticing Center (BNC) contractor will begin accepting, processing & securely disposing of notices that would otherwise be returned to the bankruptcy courts by the United States Postal Service (USPS). 

• The service will eliminate nearly all manual processing of returned mail currently performed by court personnel &
• Will provide timely notification to debtors’ attorneys of returned notices.

Click here for full Details of Bankruptcy Noticing Center - Procedures

Century Station Tours

Renovated and restored to its original 19th century splendor, the Century Station Post Office building is ready for visitors. Free, docent-led tours will be open to the public every Friday at 2 pm beginning January 7, 2011. The building is located at 300 Fayetteville Street. Please contact the docent coordinator at (919) 856-4752, Ext. 104 to schedule a tour or arrange for a special group tour.

** ATTENTION: Friday, May 24, 2013, we will not have any tours on this date.**