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Local Bankr. R. 9036-1 Notice by Electronic Transmission.
- Consent to Electronic Notice and Service.
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- Subject to applicable rule or statute, parties are authorized to serve notices and pleadings through the Court’s CM/ECF system. Attorney registration in CM/ECF constitutes consent to electronic notice and service of all documents.
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- Pro Se Filer/Litigants, creditors, and parties-in-interest who wish to consent to electronic notice and service of all documents in a bankruptcy case or in an adversary proceeding, or who wish to withdraw such consent, must to do so by completing and filing the following applicable local forms:
- Local Form 9036-1 A1, Request and Consent to Electronic Notice and Service of Documents in an Adversary Proceeding.
- Local Form 9036-1 B1, Request and Consent to Electronic Notice and Service of Documents in a Bankruptcy Case.
- Local Form 9036-1 A2, Request to Withdraw Consent to Electronic Notice and Service of Documents in an Adversary Proceedings.
- Local Form 9036-1 B2, Request to Withdraw Consent to Electronic Notice and Service of Documents in a Bankruptcy Case.
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- When a document is filed in CM/ECF, it is served electronically. The time to respond or reply will be calculated from the date of electronic service, regardless of whether other means of service are used. The Notice of Electronic Filing ("NEF") generated by CM/ECF reflects the parties served.
- NEF Does Not Constitute Service. Electronic transmission of a NEF does not constitute service or notice of the following documents that must not be served electronically:
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- service of a sealed document;
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- service of a complaint and summons in an adversary proceeding under Fed. R. Bankr. P. 7004;
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- service of a subpoena issued under Fed. R. Bankr. P. 9016;
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- notice of the meeting of creditors required under Fed. R. Bankr. P. 2002(a)(1); and
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- where other means of service are otherwise required under any applicable statute, rule, or Court order.
- Service on non-CM/ECF Filers. A person or entity that is entitled to notice and service of a document, but is not an electronic filer, does not receive an NEF, or has not consented to electronic notice and service, must be served as otherwise provided by the Fed. R. Civ. P., Fed. R. Bankr. P., and these Rules.
- Case Specific Service. Until an attorney enters an appearance in a case or adversary proceeding in accordance with Local Bankr. R. 9010-1, service on the attorney does not constitute service on any party.