ebn.uscourts.gov

[tigergem]

I didn't know this existed until earlier today. Signing up for it now. You can receive notice filings on your case by email by link or pdf or by fax. It looks like it is free. That should help curb the cost of using PACER a little bit.

[mtbc]

Does it mean they don't have to serve through USPS too?

[tigergem]

I don't know. I do know that some of my court's certificates of mailing did say that certain creditors were served electronically on a separate portion of the certificate.

[yellowstone]

I don't know. I do know that some of my court's certificates of mailing did say that certain creditors were served electronically on a separate portion of the certificate.

You need to know this. If you have the option, I would almost never agree to substitute email for personal service. Email is not 100 percent reliable, so you create the risk that you may not get notice of an AP or something similarly important. While you could theoretically unwind a default judgment, it would be expensive, difficult, and perhaps impossible, even if you were blameless. The other reason I would not agree to electronic service is that it makes life easier for your adversaries in the litigation process. Lawyers don't have a choice. However, they are in businesses with tech people who can pull server logs and otherwise stand a fighting chance of proving that an email didn't arrive. Good luck getting that data out of yahoo.

[yellowstone]

just to be clear, I'm not opposed to SERVING people electronically. But I don't want my creditors to be able to SERVE ME that way

[justbroke]

If you have the option, I would almost never agree to substitute email for personal service. Email is not 100 percent reliable, so you create the risk that you may not get notice of an AP or something similarly important.

BNC service is reliable. FIRST the (BNC) service does not deliver the actual paper being served. BNC sends a link that actually pulls the document from PACER. SECOND, BNC actually monitors the e-mail to make sure you receive the e-mail and actually "retrieve" the served document. If you don't follow their link to retrieve the paper being served, they will send you several more emails before marking you as undeliverable.

EBN background information. (I posted information on BNC before, but here it is.)

This is the Electronic Bankruptcy Noticing (EBN) Center, also known as the BNC (Bankruptcy Notification Center). This is the central place where ALL Bankruptcy Courts send out notifications!

Yes, you can subscribe to receive ONE free electronic copy of anything that is "sent" via BNC. Please note that not everything on the docket is sent via the BNC. Traditionally, the BNC is used by the Clerk to send out notices, so creditors don't have access to this service. However, I believe that the Trustee can use BNC, so any paper filed by the Trustee will come via the BNC I believe (but don't hold me to that).

If you're in a Chapter 13 and wondering about Claims, you will only receive Claims Transfer notifications via the BNC and will not receive any actual notifications for claims being filed.

You should still be diligent. If you're a Pro Se filer, you should check PACER on a frequency that best suits the status of your case. For example, more frequently (daily) if your case just began, and less frequently if you're in a Chapter 13 and post confirmation.

just to be clear, I'm not opposed to SERVING people electronically. But I don't want my creditors to be able to SERVE ME that way

Your creditor may be able to serve you electronically if they have your e-mail address and you consented. See Rule 5(b) in the Federal Rules of Civil Procedure (FRCP) which is incorporated into the Federal Rules of Bankruptcy Procedure (FRBP) Rule 7004.

I have personally served things on the Trustee electronically, because they asked for them electronically. As a matter of fact, my certificate of service "template" reads "has been furnished by First Class, U.S. Mail, postage pre-paid or electronic transmission".

[tigergem]

You need to know this. If you have the option, I would almost never agree to substitute email for personal service. Email is not 100 percent reliable, so you create the risk that you may not get notice of an AP or something similarly important. While you could theoretically unwind a default judgment, it would be expensive, difficult, and perhaps impossible, even if you were blameless. The other reason I would not agree to electronic service is that it makes life easier for your adversaries in the litigation process. Lawyers don't have a choice. However, they are in businesses with tech people who can pull server logs and otherwise stand a fighting chance of proving that an email didn't arrive. Good luck getting that data out of yahoo.

No I don't "need to know" this. Especially not at this point in my case. I am so close to confirmation, the major flurry of noticing has already occurred. I check PACER anyway, once a day, after business hours. US MAIL going through North Houston is not very reliable either! My own mail clerk tells me so all the time, but it is OBVIOUS, if you send something trackable, you can see that it will sometimes sit at the facility in Houston for days and days... and it doesn't matter if it is incoming or outgoing.

You know, if I wanted to be a real biatch about it, I could go to the court house and tell them that I have NEVER received via US MAIL any of the claims notices my creditors have sent via US Mail. And that would be the truth. But I have received constructive notification via PACER. Both my bankruptcy case manager and my trustee know that I use it. Just because I CAN does that mean I SHOULD?

If I were to find that the EBN was faulty I would call them and opt out of it. Simple.

[tigergem]

EBN background information. (I posted information on BNC before, but here it is.)

This is the Electronic Bankruptcy Noticing (EBN) Center, also known as the BNC (Bankruptcy Notification Center). This is the central place where ALL Bankruptcy Courts send out notifications!

What we need here is an "Encyclopedia of justbroke". I have surfed through your old postings a couple of times... I don't know if I missed it or forgot that I saw it. One of these days I am going to go through and resurrect all of your old threads. hehehe.

[justbroke]

Nah, it was buried in a response to something else, I think on PACER. There are many things that could be stickies or blogs or some sort of dictionary. Perhaps one day, we'll have everything documented in a central location.