Local Rule 9036-1: NOTICE BY ELECTRONIC TRANSMISSION

RULE 9036-1. NOTICE BY ELECTRONIC TRANSMISSION

(a) Registered CM/ECF Users. On the electronic filing of a document, the ECF system will generate a Notice of Electronic Filing (NEF) that will be automatically transmitted to the filing party and all other parties in the case or adversary proceeding who are Registered Users. This electronic transmission of the NEF by the ECF system constitutes notice or service of the filed document to the Registered Users in the case or proceeding, in place of service by first class mail, postage prepaid, subject to the provisions of Fed. R. Bankr. P. 7004 and 9014(b).

(b) Debtor Electronic Bankruptcy Notification (DeBN).

(1) DeBN Form. Each debtor who files a voluntary petition must file with the petition a completed DeBN Election Form, Local Form 9036-1, indicating whether the debtor— (i) requests creation of a new DeBN account to begin receiving court notices and orders electronically pursuant to Fed. R. Bankr. P. 9036(b)(2); (ii) declines participation in the DeBN program; (iii) requests an update to or reactivation of an existing DeBN account; or (iv) requests deactivation of an existing DeBN account.

(2) Email Address. A request to create a new DeBN account or 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 debtor's DeBN Form; however, each debtor and each joint debtor must sign and file a separate DeBN Form regardless of whether they share the same email address.

(3) Clerk's Duties. The clerk of court will act on the DeBN Form promptly after it is filed. While the debtor's DeBN account is active, the clerk is directed to send court-issued notices and orders via email pursuant to Fed. R. Bankr. P. 9036(b)(2) whenever the clerk would otherwise be required to send the notice or order by regular mail.

(4) Undeliverable Email Notices. If an attempt to deliver a notice or order via email fails, the debtor's DeBN account may be immediately deactivated. A debtor may reactivate the debtor's DeBN account by submitting a DeBN Form, requesting that an existing account be reactivated and supplying a valid and active email address.

(5) Scope of DeBN. The existence of an active DeBN account does not authorize any person other than the court to provide notice or service solely by email if notice or service would otherwise be required by regular mail or other means.

(c) Non-Registered Users Other than Debtors. Non-Registered Users other than debtors may elect to receive court notices and other documents electronically via the Electronic Bankruptcy Noticing service (EBN). Otherwise, a party who is not a Registered User is entitled to receive a paper copy of any electronically-filed pleading or other document. Accordingly, the Registered User must serve a paper copy of the filed document on each party that is neither a Registered User nor an EBN subscriber as set forth in the Federal Rules of Bankruptcy Procedure and the rules of this court.