Electronic filing question

[philslyn]

Hi there BK forum members!

Happy thanksgiving you all!!!!

i got a question

When we hire a lawyer to do bk for us, normally lawyers are filing it electronically, When i was at the lawyer office, i seen how it was done. the exemption codes are automatically filled out, provided you choose which law section you would use, like the 502 or 503 i dont remember.

So i went on west virginia bk site, and check the ecf is that what's it called i forgot. im talking about filing electronically, now my question is
can an individual file electronically as well? even if you are not a lawyer? the reason i am asking is because it would save me a lot of time figuring out the codes

any input guys?>

[LadyInTheRed]

No, a prose filer cannot file electronically.

[justbroke]

The reason that a Pro Se filer can't file electronically is really twofold. First and the least worrisome, is that the Attorneys and their assistants actually receive training before they can use CM/ECF. Second, and most importantly, is that an Attorney's license is on the line for having full CM/ECF access. The reason is that CM/ECF allows you to immediately docket items without any signatures on them. The Attorney basically has put his professional license on the line by using CM/ECF and submitting documents. Attorney's should know "procedure" and the processes and local rules when docketing items and serving items electronically through CM/ECF. So it is a much higher level of trust there between the court and the attorney.

I'm sorry to tell you but filing electronically does not help you figure out the codes. What most attorneys do is use a "packaged" solution from companies like Best Case. These computer programs allow them to receive updates on the bankruptcy code. The attorney or paralegal still must select the "correct" codes! They must also apply the correct State bankruptcy and non-bankruptcy statutes. It's not as simple as just selecting a button because a "legal" decision is being made at that point. These software programs, like Best Case, then package the filing by producing PDF files and they can then "automatically" docket these documents through CM/ECF.

So, I don't think it's that easy just saying that allowing the In Pro Per debtor to file electronically, makes everything "simple" and "easy". It actually would create more headache for the court. This is why In Pro Per "paper" documents all go through the Clerk's office and are reviewed by your Case Manager before being released to the docket.

[philslyn]

Thanks guys!