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Why do we now have to redact?
FBR 9037 was enacted to protect privacy and security concerns relating to electronic filing of documents and the public availability of documents filed electronically. This applies to social security numbers or taxpayer id numbers; dates of birth; names of minor children; and financial account numbers and is applicable in reference to all documents, including attachments to the pleading and/or attachments to proofs of claim.
We recently opened a new case and were called because the creditor mailing matrix wasn’t uploaded but I filed the matrix along with the petition.
A pdf version of the mailing matrix should be filed with the petition. Additionally, a “txt” version of the mailing matrix should be uploaded via Bankruptcy/Creditor Maintenance/Upload a creditor matrix file. This step actually uploads the matrix into the database for service of the 341 meeting notice as well as the discharge of debtor.
Can you give some pointers on filing amended schedules?
Rule 1009 states that a schedule may be amended at any time before a case is closed and that the debtor shall give notice of the amendment to the trustee and to any entity affected by the amendment. A fee is required if the amended schedules add or delete creditors or change the amount or classification of a debt. In addition, when amending the schedules, an amended summary of schedules and an amended statistical summary of certain liabilities and related data are required to be filed. The amended summary and amended statistical summary should be docketed separately.
I’ve heard that using all capital letters when electronically filing is not preferred. Why?
Adding parties and/or debtors in all caps will insert them out of order alphabetically in the database; therefore, if that person’s personal information changes, it’s harder to locate them in the database. Also, any creditor listed in all caps will appear on the claims register first, followed by an alphabetical listing of creditors not in all caps so the creditors are not sorted correctly on the claims register if you wanted to list them in alphabetical order.
Why can’t the generic events be left in the pick list all the time so we wouldn’t have to call if needed?
Each court has to report statistics to the Administrative Office of the Courts in reference to various motions and pleadings and these are tracked through the CM/ECF events. If the generic events were used instead of the specific events, we would have to make corrections in order to report those items statistically.
This is important as they are reviewed for staffing allocations, as well as information tracking for our district. It’s beneficial to both the court and the bar to report these statistics as accurately as possible.
Sometimes I have trouble finding something I need to file in the CM/ECF events listing. Is there an easy way to locate items in CM/ECF?
There is a “Search” feature located on the top tool bar. This will allow you to search by keyword. For instance, if you were to search for the Financial Management Court Certificate, you would discover it is located in the Bankruptcy/Batch Filings Category. If you are still unable to locate the event you’re searching for, you can contact the CM/ECF Help Desk as a generic event may be needed.
When providing notice of motion, is it acceptable to state the parties have 14 or 21 days in which to respond?
The court’s Notice of Motion, Local Form No. 1A, lists a “date certain”, as this is the court’s preference.
If we’re representing a creditor, do we tell them to send their proofs of claim to the trustee or to the attorney for the debtor?
Claims should be filed electronically with the court which can be done by clicking on the Proofs of Claim tab on the court's website. Additionally, Pursuant to Local Rule 3001-1, all creditors not represented by an attorney who file more than 10 proofs of claim in any 12-month period shall file electronically.
Does the court prefer a separate pdf for motion, notice of motion & certificate of service? Or if I’m filing a proof of claim, does the court prefer the attachments to be saved separately?
When documents are combined into one pdf as opposed to being attached separately, it's more convenient for court users, as well as pacer users, to view the documents together from either the court docket, or from the notice of electronic filing.
How do I know what to file post-petition? What’s next?
On the court's website under the General Info tab, there is a link to the U.S. Courts' Bankruptcy Basics which will be helpful in determining the basic flow of a bankruptcy case. Also, there is a tab on the website for "Filing Without An Attorney" which provides useful information as well as video presentations which are a great resource for seeing things from a prospective debtor's point of view as far as case filing, the 341 meeting of creditors, hearings, etc.