Newsletter, November 2001

Electronic Filing News

As a result of the recent events in New York City, Electronic Case Filing (ECF) has proven its worth. On the morning of September 11th, the Bankruptcy Clerks office for the Southern District of New York was forced to close since it is located only a few short blocks from the World Trade Center. Mail service was interrupted and some postage delays continue. Staff was unable to return until September 17th. However, the Electronic Case Filing (ECF) system was accessible to attorneys and parties by 10:30 a.m. on September 13th after power was restored to parts of lower Manhattan. According to the Clerk, Kathleen Farrell, "one law firm, Cleary, Gottlieb, called to advise that even though their office in the World Trade Center area was affected, they were able to access the system for copies and get their bankruptcy department back in operation."

We are extremely pleased to be able to offer you the opportunity to use ECF in the spring of 2002. As so many have said, nothing will be the same after recent events. However, ECF offers the bar and public the same accessibility to the court even if we are shut down by the weather or national events beyond our control, such as those mentioned above or that caused the shutdown of the U.S. Supreme Court recently.

If you have any questions related to the implementation of ECF, please contact me, Diana Rahn or Brenda Brommer.

Marcia M. Anderson, Clerk

Website

Please check our website frequently for new features and information. Under "What's New" there is a link to the portable document format (PDF) version of new Official Bankruptcy Form 1, Voluntary Petition. It has been amended to require the debtor to disclose whether the debtor owns or has possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety. It is effective December 1, 2001.

Bankruptcy Filing Software

We cannot endorse a specific program, but wanted to again advise you that software providers have already developed forms and programs that are compatible with ECF. Some automatically assemble the creditor matrix, create templates of client information and have developed filing shortcuts to facilitate uploading of files. However, you do not need these programs to use ECF. A computer, internet provider, scanner and the ability to create PDF files will allow you to file, receive notices and orders, and access and retrieve documents.

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