CONSENT TO SERVICE BY

U.S. Bankruptcy Court for the Eastern District of New York

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of New York

Rule: 9036-2

Jurisdiction: EDNYB

Bluebook Citation: Bankr. E.D.N.Y. R. 9036-2

All Rules: Bankr. E.D.N.Y. Local Bankruptcy Rules, complete index


Text

ELECTRONIC TRANSMISSION (a) Consent to Electronic Service. The receipt of an Electronic Case Filing password from the Court shall constitute consent to electronic service by the attorney receiving the password pursuant to Bankruptcy Rule 9036, and except as otherwise provided in subdivision (c) of this rule, constitutes a waiver by such attorney of the right to receive service by other, non- electronic means. -81- (b) Service by Electronic Transmission. Whenever service is required to be made on a person who has consented to, or is deemed to have consented to, electronic service in accordance with Bankruptcy Rule 9036 or subdivision (a) of this rule, service shall be made by serving the “Notice of Electronic Filing” generated by the ECF system either by hand, facsimile, or e-mail, or by overnight mail if service by hand, facsimile, or e-mail is impracticable. (c) Exceptions to Electronic Service.

Notwithstanding E.D.N.Y. LBR 9036-1 and subdivisions (a) and (b) of this rule, paper copies of documents or notices shall be served in the following circumstances: (i) (ii) Service made in accordance with Bankruptcy Rules 7004 and 9016; and Upon commencement of a case, service by counsel for the debtor of the petition, schedules, and statement of affairs on the United States trustee, all applicable governmental agencies, and the trustee assigned to the case, when applicable. (d) Proof of Service. Proof of service under this rule, as required by E.D.N.Y. LBR 9013-1(f), shall include a list of parties electronically served and the e-mail address where service was transmitted. CROSS-REFERENCE: REFERENCE: E.D.N.Y. LBR 2002-2, 9013-1 General Order on Electronic Filing Procedures, Bankruptcy Rules 2002, 7004, 9016; Federal Rules of Civil Procedure 4, 45 -82- 9037-1 REDACTION OF PERSONAL DATA IDENTIFIERS (a) All documents filed with the Court shall comply with Bankruptcy Rule 9037.

The responsibility for redacting personal data identifiers (as defined in (b) Bankruptcy Rule 9037) rests solely with the filing party, including counsel, parties in interest and non-parties. The Clerk, or claims agent if one has been appointed, will not review documents for compliance with this rule. In the event the Clerk or claims agent discovers that personal identifier data or information concerning a minor has been included in a pleading, the Clerk, or claims agent, is authorized, in its sole discretion, to restrict public access to the document in issue and to inform the filer of the requirement to file a motion to redact. (c) Notwithstanding the requirements of Bankruptcy Rule 9037, a party seeking to redact personal identifiers from a document or proof of claim already filed with the Court shall file a motion to redact the personal identifiers, in accordance with CM/ECF procedures, that identifies the proposed document for redaction by docket number or if applicable, by claim number.

Prior to filing the motion to redact, the party shall contact the Clerk’s Office to request that the Clerk’s Office restrict the original document containing the personal identifiers from public view on the docket. (d) The filer shall include a certificate of service at the time the motion to redact is filed, showing service to the debtor, anyone whose personal information has been disclosed, the case trustee (if any), and the United States trustee. The party seeking redaction shall file a correctly redacted document or proof of (e) claim within 21 days of the granting of the motion.

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