I didn't know this existed until earlier today. Signing up for it now. You can receive notice filings on your case by email by link or pdf or by fax. It looks like it is free. That should help curb the cost of using PACER a little bit.
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Originally posted by tigergem View PostI don't know. I do know that some of my court's certificates of mailing did say that certain creditors were served electronically on a separate portion of the certificate.
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Originally posted by yellowstone View PostIf you have the option, I would almost never agree to substitute email for personal service. Email is not 100 percent reliable, so you create the risk that you may not get notice of an AP or something similarly important.
EBN background information. (I posted information on BNC before, but here it is.)
This is the Electronic Bankruptcy Noticing (EBN) Center, also known as the BNC (Bankruptcy Notification Center). This is the central place where ALL Bankruptcy Courts send out notifications!
Yes, you can subscribe to receive ONE free electronic copy of anything that is "sent" via BNC. Please note that not everything on the docket is sent via the BNC. Traditionally, the BNC is used by the Clerk to send out notices, so creditors don't have access to this service. However, I believe that the Trustee can use BNC, so any paper filed by the Trustee will come via the BNC I believe (but don't hold me to that).
If you're in a Chapter 13 and wondering about Claims, you will only receive Claims Transfer notifications via the BNC and will not receive any actual notifications for claims being filed.
You should still be diligent. If you're a Pro Se filer, you should check PACER on a frequency that best suits the status of your case. For example, more frequently (daily) if your case just began, and less frequently if you're in a Chapter 13 and post confirmation.
Originally posted by yellowstone View Postjust to be clear, I'm not opposed to SERVING people electronically. But I don't want my creditors to be able to SERVE ME that way
I have personally served things on the Trustee electronically, because they asked for them electronically. As a matter of fact, my certificate of service "template" reads "has been furnished by First Class, U.S. Mail, postage pre-paid or electronic transmission".Last edited by justbroke; 02-12-2010, 02:25 PM.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Originally posted by yellowstone View PostYou need to know this. If you have the option, I would almost never agree to substitute email for personal service. Email is not 100 percent reliable, so you create the risk that you may not get notice of an AP or something similarly important. While you could theoretically unwind a default judgment, it would be expensive, difficult, and perhaps impossible, even if you were blameless. The other reason I would not agree to electronic service is that it makes life easier for your adversaries in the litigation process. Lawyers don't have a choice. However, they are in businesses with tech people who can pull server logs and otherwise stand a fighting chance of proving that an email didn't arrive. Good luck getting that data out of yahoo.
You know, if I wanted to be a real biatch about it, I could go to the court house and tell them that I have NEVER received via US MAIL any of the claims notices my creditors have sent via US Mail. And that would be the truth. But I have received constructive notification via PACER. Both my bankruptcy case manager and my trustee know that I use it. Just because I CAN does that mean I SHOULD?
If I were to find that the EBN was faulty I would call them and opt out of it. Simple.
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Originally posted by justbroke View Post
EBN background information. (I posted information on BNC before, but here it is.)
This is the Electronic Bankruptcy Noticing (EBN) Center, also known as the BNC (Bankruptcy Notification Center). This is the central place where ALL Bankruptcy Courts send out notifications!
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Nah, it was buried in a response to something else, I think on PACER. There are many things that could be stickies or blogs or some sort of dictionary. Perhaps one day, we'll have everything documented in a central location.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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