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Electronic Case Filing (ECF) -
How it Works
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CM-ECF (Case Management -
Electronic Case Filing) is currently live in more than half the
Bankruptcy Courts in the U.S. Nearly all remaining courts are in the
process of implementing it. For detailed information on its status in
your court, see
U.S. Courts
How it works
The following is a generic description.
- Getting Started. Attorneys
sign up for login and pin numbers from their court. They set up a
Visa/Mastercard account for paying the filing fees. Some CM-ECF
version 2 courts now allow on-the-fly credit card payment of filing
fees. The login/pin is the equivalent of an attorneys
verification/signature. Most courts require completion of a court
training session before granting a pin.
- Typical Files in a Case Opening
- A single PDF (portable document
format) file containing all of the forms that would otherwise be
submitted on paper for an original filing. Not all filing software
can create single PDF files. Make sure your filing software does
or you will have to spend a lot of time in Acrobat "inserting"
pages.
- Address Matrix. This is
the same ASCII text file that many courts have required on larger
cases for nearly a decade.
- Case Upload File. This
file contains all of the information needed to docket or open a
new case. It is accepted in the majority of CM-ECF courts. The
file is specially generated by Bankruptcy Case Software.
- Chapter 13 Plan. The plan
is filed as a pdf document separate from the schedules.
- Case Opening. Without a
bankruptcy program, case opening involves logging into the court's
website where the attorney fills out all the information needed to
open a case, e.g. debtor, chapter, number of creditors, etc. With a
"case upload" compatible program and court district, the attorney
can skip all the reentry work and merely select the above files to
upload.
- Exhibits & Post Filing forms.
Exhibits, e.g. deeds or contracts, can be scanned and placed into a
pdf file. Pleadings can be generated as pdf files from any Windows
wordprocessor merely by selecting a PDF driver as your printer when
printing. Instead of paper coming out of your printer, a pdf file is
created.
- Originals. Presently
attorneys are being asked to archive the original signed documents
themselves. Consult local rules for duration and other requirements
related to originals.
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