Fees for Amended Schedules and Creditor Lists

Certain policy and CM/ECF procedure changes have been made with respect to the electronic filing of amended schedules and creditor lists in order to comply with the Bankruptcy Court Miscellaneous Fee Schedule, ensure better notice to creditors, and lessen some of the confusion regarding how to file these documents. The attached PDF provides instructions and screen shots for filing these types of documents in CM/ECF when they are not filed together with the petition.

In sum:

1. The CM/ECF selections have been modified in the list of available events under Miscellaneous Documents:

• Creditor List (Amended - FEE 30)
• Creditor List (Initial Filing)
  
  
• Schedules A-J (Amended)
• Schedules A-J (Initial Filing)
• Schedule of Unpaid Postpetition, Preconversion Debts
  (Upon Conversion to Ch 7)

2. The filing of an amended creditor list will incur a $30 amendment fee, even if the filer electronically uploads the names and addresses into the CM/ECF database. Previously no fee was charged if schedules were not being amended.

3. The names and addresses of entities listed in Schedules D, E, F, G, and H must be consistent with the creditor list filed with the petition. If additional names and addresses are listed in the schedules - even if the schedules are the initial ones filed within the 14-day or extended deadline - inclusion of an amended creditor list and payment of the $30 amendment fee are required.

4. The filer remains responsible for uploading the additional names and addresses into the CM/ECF database and to send notice of the bankruptcy case, meeting of creditors, and deadlines to any parties not sent notice by the court.

5. If the Clerk's Office determines that the amendment fee is required and has not been paid, an entry will be made on the docket noting the fee due. This will generate a notice of electronic filing as well as an email to the filer similar to the one below:

"Pursuant to 28 U.S.C. § 1930, a fee has been assessed for document # __ in case ______ which will be reflected in your internet payment charges. Please click on the link to make payments - Internet Payments Due."

If the fee is not paid within 24 hours, the CM/ECF account will be locked to prevent any further electronic filing.

Please let us know if you have any questions.

Increase in Filing Fees Effective June 1, 2014

At its March, 2014 session, the Judicial Conference of the United States approved changes to the Bankruptcy Court Miscellaneous Fee Schedule (Appendix to 28 U.S.C. § 1930). The schedule increases the fee to file a complaint in an adversary proceeding and certain administrative fees for filing cases under various chapters of the Bankruptcy Code. See the schedule effective June 1, 2014.

January 15 Brownbag on Filing Claims

On Wednesday, January 15, 2014, from 12 Noon - 1:00 pm, the bankruptcy court will present a session on filing claims, described below in more detail. The presentation will be in the Courtroom, 1132 Bishop Street, Suite 250. The regular court security screening will be in effect - please bring a government-issued photo ID for entry. Or participate from your office via the Internet.

1. Demonstration of a new Electronic Proofs of Claim (ePOC) program: Used successfully in many other bankruptcy courts, this program at the court's website allows creditors to create a B 10 claim form on the fly and upload the form (and supporting documents) for filing without a CM/ECF login. Creditors may also use this system to file claim supplements such as notices of mortgage payment change and notices of postpetition fees, expenses, and charges.

2. Q & A session with the Chapter 13 Trustee, Howard Hu, on Filing Claims and Getting Paid in Chapter 13: Does a secured creditor need to file a proof of claim? - What types of supporting documents should be attached to the proof of claim form? - Will an AOAO get distributions if the claim is missing Attachment A - Mortgage Proof of Claim Attachment? - Is there an upcoming change in the deadline to file a claim? - After relief from stay of a foreclosure is obtained, can the resulting deficiency be paid as an unsecured claim? - What happens when a debtor files a claim on behalf of a creditor? - Will the trustee pay on an untimely claim? - Does a mortgagee need to file a notice of mortgage payment change if there was no prepetition arrearage? - And more.

For those not attending in person, remote participation will be possible via a WebEx session and a toll-free teleconference call. Connection information is attached and will also be posted on the homepage of the court website, http://www.hib.uscourts.gov. The website also has instructions and FAQs about the ePOC application, as well as a link to test filing a claim in the court's TRAIN database.

Debtor Education Certificates

Effective December 1, 2013, Bankruptcy Rule 1007(b)(7) has been amended to permit an approved debtor education provider to notify the court directly that the debtor has completed a personal financial management course. A new application at the court's website provides a link whereby the provider can electronically file the certificate without a CM/ECF login. This application should be used only by debtor education providers. Attorneys should continue to log in to CM/ECF to file certificates.

Although providers may now file debtor education certificates directly with the court, it is not mandatory for them to do so. If the provider does not file the debtor education certificate, the debtor is responsible for filing the certificate or Official Form B 23 with the certificate number as evidence that the course was completed. Failure to file the certification will result in the case being closed without a discharge.

Outstanding Fees

When electronically filing a document requiring a fee, payment with a credit card must be made by 6:00 PM HST on the day of filing. The vast majority of filers comply. However, when payments are not made timely, court staff must contact attorneys about outstanding fees. To address this situation, the bankruptcy court will soon be implementing a process in CM/ECF whereby failure to make a timely payment will result in an automatically generated email notifying the filer that his or her login will be disabled for filing documents if the outstanding balance remains due for more than one day. If this occurs, the login will give access only to the Internet payment portion of CM/ECF. Once the outstanding fees are paid, the ability to file documents will be automatically reinstated. See sample message about this "lockout" feature that a filer would receive.

Phone Directory

The bankruptcy court is implementing a VOIP phone system. Effective Wednesday, January 30, 2013, the CM/ECF help desk number will change and additional direct lines will be activated. EXISTING DIRECT LINES AND CURRENT EXTENSION NUMBERS WILL NOT CHANGE. However, there will be new direct line numbers for court staff who previously could only be contacted by dialing the main line and then an extension number. Please see the new Clerk's Office phone directory.

Wireless Internet Access

In October, 2011, the bankruptcy court adopted a policy allowing the use of electronic devices such as cellular phones and laptop computers in the courtroom and Clerk's Office. The court is pleased to announce that these devices will now be able to connect to the Internet using a public wireless access (WiFi) network funded by admission fees collected from attorneys and held in the Attorney Admission Fund (no government resources have been used).

Access to the court's public WiFi network (BK_PUBLIC) requires a password that is changed periodically and is available from the courtroom deputy or at the public counter. This WiFi network is intended for use by attorneys and the public for access related to their visit to the court. Users may not use the court's WiFi network for any unlawful or inappropriate purpose.

The court offers WiFi access as a courtesy; there is no entitlement to WiFi use and the clerk may deny or interrupt access at any time. Further, the court provides no technical support to WiFi users and does not guarantee the operability, speed, or security of the network, or the accuracy of any transmissions. Users must take the same precautions regarding viruses and the privacy and confidentiality of transmitted information just as they would with use of any public WiFi network. Use of the court's WiFi network is entirely at the user's own risk.

McVCIS

The court is now participating in McVCIS, a nationwide judiciary Voice Case Information System. Dial a toll free number (866) 222-8029 and access code 44 for the District of Hawaii case information, including:

See the VCIS page for more information.

Facebook & Twitter Accounts

The court has created accounts for Facebook and Twitter in an effort to make court news more accessible. Check out the following links:

Facebook
Twitter (@HIBKC)

Attendance at 341 Meetings

The following is being sent on behalf of the Office of the United States Trustee

Re: Allowance of Meetings of Creditors via telephone

To Consumer Bankruptcy Practitioners

In the last year or so, there have been increasing requests for debtors to appear at their meetings of creditors by telephone. The Office of the U.S. Trustee has accommodated some of those requests. But the number of requests and the reasons for the requests have caused us to review the circumstances under which the U.S. Trustee will allow debtors to appear by telephone.

Henceforth, the UST will generally allow telephonic appearance for meetings of creditors under the following circumstances: 1) severe medical condition, documented; 2) deployment under military orders, documented; 3) imprisonment, documented. The UST may, on a case by case basis, allow telephonic appearances for other reasons of similar severity. In any case for which a telephonic appearance may be approved, there must be a satisfactory mechanism for confirming the debtor's identity and social security number, e.g., appearance and confirmation at a different U.S. Trustee office.

The following reasons are generally not sufficient to warrant telephonic appearances: debtor has already moved to the mainland; debtor is job hunting; debtor is working a job elsewhere; debtor has long-planned vacation; debtor has family obligation. Such reasons may or may not warrant a continuance of the first meeting, subject to the approval of the Chapter 7 Trustee, provided notification is given well in advance of the scheduled meeting. Attorneys should advise debtors that their presence at a meeting is required generally 25-40 days after the commencement of the case (up to 60 for neighbor islands) and at any continued meeting, and so should plan accordingly.

Curtis Ching
Assistant United States Trustee
1132 Bishop St, Rm 602
Honolulu, HI 96813
Telephone: (808) 522-8154
Email: curtis.b.ching@usdoj.gov

Meetings of Creditors
The Office of the United States Trustee has requested the following information be disseminated regarding meetings of creditors (341 meetings).

1. Reminder for Debtor identification and Social Security numbers at 341 meetings:

For many years now, due to the rise in identify thefts nationwide, debtors have been required to show proof of their identify and proof of their social security number. Acceptable picture identification includes a valid state-issued drivers license, military identification, state-issued picture identification card, passport, legal resident alien card, student photo identification or work photo identification. Acceptable proof of social security number includes an original social security card, a current original W2 form, recent original pay advice, health card, or some other original official document which shows name and social security number. Trustees are instructed to continue the meeting to the trustee’s next calendar date if the Debtor does not have the required identification.

2. Telephone interpreter services:

Effective immediately, debtors with limited English proficiency (LEP) may request, free of charge, the use of a telephone interpreter service for their section 341 meetings. This service is currently available at the Honolulu, Hawaii meeting of creditors room only. To the extent possible, debtors or their attorneys should notify the trustee in advance of the meeting in order to avoid disruption to the flow of meetings. Services are available in over 165 languages. Trustees have been instructed not to allow debtors' attorneys or relatives to provide interpreting services for the debtor.