Certificate of Service

[refiler]

I finished filing my Ch 13 yesterday which began as a bare bones filing. Yesterday was the deadline. I found on PACER this morning a notice entered at 4:50pm yesterday to file a Certificate of Service.
After checking the rules I found that the matrix creditors are to receive notice of the Plan if not filed with the petition. I am filing the certificate shortly and am wondering if filing the cert. (and mailings) a day late is disastrous. If so, any actions I might take for damage control?

[justbroke]

You need to make a copy of the plan for every creditor on the Matrix. You need to get the CURRENT COPY OF THE MATRIX from PACER. The matrix must be included with the Certificate of Service, as well as the date you pulled the matrix from PACER (CM/ECF).

Additionally, you must actually MAIL the matrix to every creditor before filing the certificate of service. Generally speaking, you should not be personally serving the Plan on the creditors. Technically, it should be done by an uninterested party (over 18 years of old). You, however, can file the completed Certificate of Service.

You need to get that Certificate of Service filed within so many days. I don't know what they require for your District, but it generally needs to be filed within several days (maybe up to 5-7 business days).

[refiler]

I didn't see in my local rules that this mailing needs to be sent certified but I mailed it myself so maybe I should mail again certified.
Thanks.

[justbroke]

I didn't see in my local rules that this mailing needs to be sent certified but I mailed it myself so maybe I should mail again certified.

It does not need to be sent certified at all. You would follow service of process rules under the Federal Rules of Bankruptcy Procedure (FRBP).

Why are you asking about certified mail?

[refiler]

It does not need to be sent certified at all. You would follow service of process rules under the Federal Rules of Bankruptcy Procedure (FRBP).

Why are you asking about certified mail?

Simply for evidence of mailing. I see now that is overkill.

[justbroke]

Simply for evidence of mailing. I see now that is overkill.

The sworn statement on the certificate of service is evidence of mailing. The "certified mail return receipt" (CMRR) would be evidence of receipt. I only use CMRR for service of "papers" such as certain contested matters (via motion) and definitely for complaints (adversary proceeding); unless the AP is served in person.

[refiler]

Thanks!