Local Rule 9036-1: NOTICE BY ELECTRONIC TRANSMISSION TO DEBTORS

LOCAL RULE 9036-1: NOTICE BY ELECTRONIC TRANSMISSION TO DEBTORS a. DeBN Request Form. 1 Each debtor who files a voluntary petition shall file, contemporaneous with the petition, a completed Debtor's Electronic Noticing Request (DeBN Request) on the form provided by the Clerk of the Bankruptcy Court. Each DeBN Request must state whether the debtor:

(1) requests creation of a new DeBN account to begin receiving court notices and orders via email pursuant to Fed R. Bankr. P. 9036;

(2) declines participation in the DeBN program;

(3) requests an update to or reactivation of an existing DeBN account; or

(4) requests deactivation of an existing DeBN account.

b. Email Address. DeBN Requests to create a new DeBN account and DeBN Requests to update or reactivate an existing DeBN account must list a valid and active email address for the debtor. A debtor may list the same email address that was listed on a joint debtors DeBN Request, however, except as provided in paragraph (d), each debtor and each joint debtor must sign and file a separate DeBN Request regardless of whether they share the same email address.

c. Proof of Identity. All DeBN Requests must be filed with sufficient evidence of the debtor's identity. The debtor provides sufficient evidence of identity when:

(1) The debtor's attorney files the DeBN Request electronically in CM/ECF; or

(2) The debtor files the DeBN Request with the Clerk's Office and provides a photo identification or other document that would satisfy 11 U.S.C. § 521(h) and contains the debtor's name and address that corresponds with the petition.

d. Automatic Consent. Each debtor who files a petition for bankruptcy relief electronically by utilizing eSR pursuant to SC LBR 5005(d)(2) or files a document electronically by uploading to the EDSS pursuant to SC LBR 5005(d)(3), automatically consents to receive certain notices from the Court electronically through DeBN at the email address associated with the eSR or EDSS submission subject to the debtor providing identification pursuant to paragraph (c).

Notes:

(2020) Paragraph (a) was removed as unnecessary based on changes to Fed. R. Bankr. P. 9036.

(2021) Paragraph (b) was removed as unnecessary based on changes to Fed. R. Bankr. P. 9036. Former paragraph (a) was restyled, and the title of the rule was amended.

(2023) Paragraph (d) was added to provide for automatic electronic noticing for debtors who submit documents through eSR and/or EDSS.

(2025) Paragraphs (c) and (d) were amended to require proof the debtor's address corresponds with that provided in the petition in order to be enrolled in DeBN.

1 See SC LBR 5005-4