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ELECTRONIC CASE FILING LOCAL RULES AND ADMINISTRATIVE PROCEDURES

ELECTRONIC CASE FILING LOCAL RULES AND ADMINISTRATIVE PROCEDURES. UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY. The drafting of the Bankruptcy Court for District of New Jersey’s ECF related Local Rules and Administrative Procedures involved a four part strategy:.

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ELECTRONIC CASE FILING LOCAL RULES AND ADMINISTRATIVE PROCEDURES

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  1. ELECTRONIC CASE FILINGLOCAL RULES AND ADMINISTRATIVE PROCEDURES UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY

  2. The drafting of the Bankruptcy Court for District of New Jersey’s ECF related Local Rules and Administrative Procedures involved a four part strategy: • BUILD OUR ECF SYSTEM FROM THE GROUND UP • MINIMIZE AMENDMENT OF THE COURT’S LOCAL RULES • MAINTAIN FLEXIBILITY AND CREATIVITY IN DRAFTING PROCESS • IMPLEMENT ECF AS FULLY ELECTRONIC

  3. ENABLING RULES AND GOVERNING DOCUMENTS • FEDERAL RULES OF BANKRUPTCY PROCEDURE • FED.R.BANKR.P. 5005(a)(2), Filing and Transmittal of Papers • LOCAL BANKRUPTCY RULES • D.N.J. LBR 5005-1 - Filing and Transmittal of Papers • D.N.J LBR 1001-1 - Scope of Rules

  4. ENABLING RULES AND GOVERNING DOCUMENTS (cont’d) • GENERAL ORDER • ADMINISTRATIVE PROCEDURES • USER’S GUIDE COPIES AVAILABLE AT THE COURT’S WEBSITE (WWW.NJB.USCOURTS.GOV)

  5. SCOPE OF ELECTRONIC FILING • All Pending and Newly Filed Cases and Adversary Proceedings will be assigned to ECF • Electronic Filing is not Mandatory • Raises Privacy Concerns

  6. ELIGIBILITY, REGISTRATION, PASSWORDS • Registration Forms available on-line • Participation limited to attorneys, trustees and their authorized representatives • Logins and Passwords to Training Database • Compromised Password/Change of Password TIPAdmin. Pro. I.B

  7. ELIGIBILITY, REGISTRATION, PASSWORDS (cont’d) TIPAdmin. Pro. I.B • Acceptance of login and password constitutes: • Waiver of Noticeby first class mail and agreement to receive notice electronically • Includes Notices under Fed. R. Bankr.P. 2002(a) as well as Notices of an Order under Fed. R. Bankr.P. 9022. • Operates independently of Bankruptcy Noticing Center (BNC) under Fed. R. Bankr.P. 9036 • Waiver of Service by first class mail and agreement to receive service electronically

  8. SERVICE OF DOCUMENTS BY ELECTRONIC MEANS TIPAdmin. Pro. I.B • Court’s automatically generated Notice of Electronic Filing (NEF) constitutes service of document upon Participants • Exception - Amendments to the Federal Rules (Fed. R. Bankr.P. 7005, Fed. R. Civ.P.5(b) do not permit electronic service of process for purposes of obtaining personal jurisdiction (Rule 7004 service)

  9. SERVICE OF DOCUMENTS BY ELECTRONIC MEANS (cont’d) • Service of Documents in hard copy is required under Fed. R. Bankr.P. 7004 (adversary complaints), 9014(initiating contested matters) and 9016(subpoena) • Service is effective upon transmission under Fed. R. Civ.P. 5(b)(2)(D); and • E service treated the same as mail for purposes of adding three days to respond under Fed. R. Bankr. 9006(f)

  10. SIGNATURES TIPAdmin. Pro. II.C. • USE OF LOGIN AND PASSWORD CONSTITUTES SIGNATURE • EFFECTIVE FOR RULE 9011 PURPOSES • THE DISPLAY REQUIREMENT (/S/____) • AUTHORIZED AGENT REQUIREMENT

  11. RETENTION REQUIREMENTS • PARTICIPANTS MUST RETAIN ORIGINAL DOCUMENTS CONTAINING HANDWRITTEN SIGNATURES OF THIRD PARTIES • SEVEN YEAR RETENTION PERIOD TIPAdmin. Pro. II.C.

  12. TIPAdmin. Pro. II.E. PROPOSED FORMS OF ORDER • ORDERS SHALL BE FILED WITH THE APPLICATION OR MOTION AS ONE DOCKET ENTRY • INCLUDES EMERGENT ORDERS UNDER D.N.J. 9013(e)(OST) AND 9075-1 (OTSC) • COURTROOM DEPUTY MUST BE NOTIFIED BY E MAIL OF EMERGENT FILINGS

  13. PROPOSED FORMS OF ORDER (cont’d) • NOTIFICATION OF DEFECTS IN AN ORDER WILL BE PROVIDED BY E MAIL • SERVICE OF SIGNED ORDERS WILL BE RECEIVED ELECTRONICALLY • EXCEPTION FOR CONSENT ORDERS AND ORDERS SUBMITTED UNDER D.N.J. 9072-2 (“FIVE DAY RULE”) WHICH MUST BE E MAILED TO JUDGE’S CHAMBERS.

  14. CONSENT ORDERS TIPAdmin. Pro. II.F. • SHALL BE CIRCULATED AND SIGNED CONVENTIONALLY • ORDER BEARING ORIGINAL SIGNATURES OF CONSENTING PARTIES TO BE MAINTAINED BY PARTICIPANT • COPY SUBMITTED TO JUDGE’S ELECTRONIC MAILBOX WITH CERTIFICATE OF CONSENT • SIMULTANEOUS FILING OF CERTIFICATE OF CONSENT

  15. D.N.J. LBR 9072-2 ORDERS UNDER “5 DAY RULE” TIPD.N.J. LBR. 9072-2 • SUBMIT TO JUDGE’S ELECTRONIC MAILBOX • E MAIL SHOULD REFLECT NAMES OF PARTIES SERVED • CONVENTIONAL SERVICE FOR NON-ELECTRONIC PARTICIPANTS • OBJECTIONS WITHIN 5 DAYS SUBMITTED TO JUDGE’S ELECTRONIC MAILBOX

  16. ATTACHMENTS AND EXHIBITS TIP Admin. Pro. II.G. • NOT ORIGINALLY AVAILABLE IN E-FORM • EXCERPTING WHERE DOCUMENT EXCEEDS 20 PAGES • CHAMBERS’ COPY OF EXHIBITS REQUIRED • NO CHAMBERS’ COPY OF EXHIBITS REQUIRED FOR PROOFS OF CLAIM

  17. SEALED DOCUMENTS/CONVENTIONAL FILING TIP Admin. Pro. III • MOTION TO BE FILED ELECTRONICALLY • UNDERLYING DOCUMENTS TO BE FILED CONVENTIONALLY • JUDICIAL CONFERENCE RECOMMENDS ENHANCEMENT OF 11 USC SECTION 107(b) TO ESTABLISH PRIVACY AS BASIS FOR SEALING DOCUMENTS

  18. PUBLIC ACCESS TIP Admin. Pro. IV • JUDICIAL CONFERENCE COMMITTEE ON PRIVACY IS STUDYING PUBLIC ACCESS CONCERNS • CURRENTLY REMOTE ACCESS LIMITED TO USERS WITH A PACER ACCOUNT • COURT’S GENERAL ORDER ALLOWS FOR ISSUANCE OF PROTECTIVE ORDER TO ADDRESS INDIVIDUAL PRIVACY CONCERNS

  19. CONSEQUENCES OF ELECTRONIC FILING • E FILED DOCUMENTS CONSTITUTE ENTRIES ON OFFICIAL DOCKET • FILING IS DEEMED MADE WHEN ACKNOWLEDGED BY NOTICE OF ELECTRONIC FILING TIP GENERAL ORDER

  20. ENTRY OF COURT ORDERS • ELECTRONICALLY SIGNED ORDERS HAVE THE SAME FORCE AND EFFECT AS CONVENTIONALLY SIGNED ORDERS TIP GENERAL ORDER

  21. TECHNICAL FAILURES • CAUSES: • COURT’S WEBSITE INACCESSIBLE • PARTICIPANT’S UNANTICIPATED SYSTEM FAILURE • COURT’S DISCRETION TO GRANT RELIEF TIP GENERAL ORDER

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