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Notice By Electronic Transmission

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Local Rule Number: 
Rule 9036-1
9000 Series

(A)       For Registered Users of CM/ECF.

(1)        Electronic Appearances.  Filing a document in CM/ECF for the first time (except for filing a proof of claim or ballot) is that registered user’s electronic notice of appearance in that case or proceeding only. However, if a party has previously conventionally filed a notice of appearance or request for notice in a main case or proceeding prior to becoming a CM/ECF registered user, it is not necessary to enter an electronic appearance in such main case or proceeding.

(2)        Notice Provided Registered Users.  Every registered user who has made an electronic appearance in a specific case will automatically be sent an NEF (or Daily Summary Report-DSR) for each electronic entry in the case to the current e-mail address provided to the court.  If a PDF document is attached to that NEF, the registered user will be able to view the document once at no charge for a period of 15 days from the date the document is entered on the docket.  Subsequent access to that document or any other docketed items in CM/ECF cases will be available through PACER, which provides electronic access to publicly filed electronic documents at the published fees or at the public computer terminals in each divisional clerk’s office. Registered users who have not made an electronic appearance in a specific case will be served as provided under section (B) of this Rule.

(3)        Withdrawal of Electronic Appearance.  A registered user seeking to withdraw an electronic appearance in a specific case or adversary proceeding must comply with Local Rule 2091-1.

(B)     Electronic Notice in Lieu of Paper Notice from the BNC.  Conventional filers and those registered users who have not yet made an electronic appearance in a specific case will receive notices generated by the clerk and served through the BNC in paper form unless they 1) elected to receive notices electronically in lieu of U.S. Mail service by either registering directly with the BNC EBN Program, 2)  are required to receive electronic notice as entities designated as high-volume papers recipients under Bankruptcy Rule 9036(b)(2)(B), or 3) are debtors who registered directly with the clerk of court for DeBN noticing as provided under subdivision (C) of this Rule.

☞ 2021 Amendment:  Local Rule 9036-1(B) is amended to coincide with Bankruptcy Rule 9036(b)(2)(B) to take account of the Administrative Office of the United States Courts’ program for providing notice to high-volume paper-notice recipients.

(C)     Debtor Electronic Bankruptcy Noticing (DeBN). Debtors may elect to receive documents served by the clerk of the U.S. Bankruptcy Court electronically from the BNC under the DeBN program in lieu of by paper notice by filing the Local Form “Debtor’s Request to Receive Notices Electronically Under DeBN Program”. Debtor participation in DeBN does not constitute consent by the debtor to receive electronic notice from other parties, including attorneys and trustees. Documents not served by the clerk under DeBN must be served conventionally (non-electronic) on debtors as authorized under FRBP 7004 and 7005(b).