CM/ECF and PACER Interruption of Service: November 30, 2015
The CM/ECF database will be unavailable for electronic filing or online viewing of documents during the evening of Monday, November 30, 2015 from approximately 6:00 PM until 12 Midnight. The interruption is necessary for the installation of an update to accommodate the new bankruptcy forms effective December 1, 2015.
As of December 1, 2015, the new versions of the Official Forms must be used in both pending and newly filed cases. This includes amended forms being filed in cases pending before December 1, 2015. The court will issue deficiency notices if outdated forms are used.
Filers intending to use the current versions of forms must be prepared to file the documents before 6:00 PM on Monday, November 30.
The new forms are available now from the U.S. Courts website. The Hawaii court will be replacing the Official Forms at the court website later this week. If the current version of a form is needed for filing prior to December 1, it will need to be downloaded from the U.S. Courts website.
Proposed amendments to the local bankruptcy rules are available. Any comments should be sent by email to email@example.com by November 23, 2015.
Report of Bankruptcy Scam
The following alert was issued by the United States Courts.
A sophisticated phone scam is targeting bankruptcy filers in several states, using personal information from filings and posing as attorneys to get intended victims to immediately wire money to satisfy a debt.
New Schedule for Hearings
The Bankruptcy Court for the District of Hawaii is adopting a new system for setting hearings.
Under the current system, most motions are set for hearing during “all purpose week,” which is usually held during the third week of the month. Motions in chapter 11 cases are set on Monday, motions in chapter 7 cases are set on Wednesday, and motions and scheduling conferences in adversary proceedings are set on Friday. Originally, chapter 13 cases were set for hearing on Thursday of all purpose week, but due to growth in the chapter 13 caseload, chapter 13 hearings are now held approximately every third Thursday. The remainder of the month is set aside for trials, evidentiary hearings, and hearings on motions for relief from the automatic stay.
The all purpose week system has certain advantages. It is simple and easy to administer. Attorneys and others can make a single trip to court for hearings on many of their matters.
The system also has certain disadvantages. Because all hearings are set in a compressed period, the workload is spread unevenly through the month and hearings are sometimes set later than would otherwise be necessary.
Under the new system, (1) motions in chapter 7 and chapter 11 cases will be set on Mondays, (2) motions and scheduling conferences in adversary proceedings will be held every other Friday, (3) chapter 13 cases will be heard every third Tuesday, and (4) trials, evidentiary hearings, and preliminary and final hearings on motions for relief from the automatic stay will be set on Tuesdays (except for chapter 13 Tuesdays). A table showing a typical 4-week calendar under the new system is here.
This is only an outline of the new scheme. The hearing dates may have to be adjusted due to holidays and the court’s other commitments.
We are making a gradual transition to the new system. We expect to fully implement the new system by January 2016.
|06/01/2015||Chapter 13 Interest Rate|
The United States Bankruptcy Court for the District of Hawaii now offers debtors the opportunity to request email notices from the court. Under the Debtor Electronic Bankruptcy Noticing (DeBN) program, court notices and orders will be sent as PDFs attached in emails instead of paper notices sent through the U.S. Mail.
This email noticing service by the court through the Bankruptcy Noticing Center is VOLUNTARY and FREE.
Once the court receives the debtor’s DeBN request, court staff will create an email account with the BNC. From then on, all court notices in the bankruptcy case (and any other bankruptcy case where the debtor may be a party) will be delivered by email. Court notices will be sent through the U.S. Postal Service only if (1) the name and address in a case does not match the name and address registered in the DeBN account, (2) there is an email transmission failure, or (3) the PDF is larger than 8 MB. The debtor also may cancel a DeBN account at any time.
Note: These DeBN emails contain ONLY notices that would normally be sent by the court through BNC - not every document filed in the case. Only the court is authorized to send notices to the debtor through the DeBN program. Other parties, such as trustees and creditors, may not use these BNC email notices to serve documents on the debtor.
A number of changes will become effective December 1, 2014, with respect to federal and local rules as well as forms. Please see the comprehensive summary prepared by the bankruptcy court in the Southern District of Georgia. The summary contains useful links to the various forms and rules.
The following changes may be of particular interest.
|09/29/2014||Approved Transcription Services
The court has approved 4 transcription services for providing official transcripts of proceedings. Previously, the court selected a transcriber when a party filed a transcript request. On the revised form, the requesting party may select one of four transcription services:
Access Transcripts, LLC, 10110 Youngwood Lane, Fishers, IN 46038
eScribers, 700 W. 192nd St., Suite 607, New York, NY 10040
Jessica B. Cahill, Maukele Transcribers, LLC, P.O. Box 1652, Wailuku, HI 96793
Washington Rapid Transcription Service, 320 W. Republican, Suite 207, Seattle, WA 98119
The court will select the transcription service if no selection is made on the request that is filed.
|08/28/2014||Request for Proposal of Court Transcription Services|
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.
1. The CM/ECF selections have been modified in the list of available events under Miscellaneous Documents:
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.
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.
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.
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.
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.
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:
Attendance at 341 Meetings
Meetings of Creditors
1. Reminder for Debtor identification and Social Security numbers at 341 meetings: