REMOTE ACCESS TO PROCEEDINGS

Access by parties, parties in interest and the public to proceedings before the Court will be governed by the revised policy, effective September 22, 2023, of the Judicial Conference of the United States, which provides that “a judge presiding over a civil or bankruptcy non-trial proceeding may, in the judge’s discretion, authorize live remote public audio access to any portion of that proceeding in which a witness is not testifying.” Further information on the policy is available at the following link: Judicial Conference Policy. Pursuant to that policy, courtrooms will be open and, where applicable, remote access may be provided to parties and parties in interest for access to hearings and trials, and public access may be provided to the extent permitted by the Judicial Conference policy. Access to proceedings may be limited by other statutes and rules, including without limitation section 107 of the Bankruptcy Code, Rule 9018 of the Federal Rules of Bankruptcy Procedure and Rule 615 of the Federal Rules of Evidence. Each Judge’s policies regarding remote access to proceedings will be set forth in such Judge’s chambers rules.

50 Rule 5075-1 CLERK’S USE OF OUTSIDE SERVICES AND AGENTS; CLAIMS AND NOTICING AGENTS (a) The Court may direct, subject to the supervision of the Clerk, the use of agents either on or off the Court’s premises to file Court records, either by paper or electronic means, to issue notices, to maintain case dockets, to maintain Judges’ calendars, and to maintain and disseminate other administrative information where the costs of such facilities or services are paid for by the estate. (b) Estate Retention of Claims and Noticing Agent (1) In a case in which the number of creditors and equity security holders, in the aggregate, is 250 or more, the estate shall retain, subject to approval of the Court, a claims and noticing agent in accordance with the Protocol for the Employment of Claims And Noticing Agents under 28 U.S.C. §156(c), which shall be available on the Court’s website (http://www.nysb.uscourts.gov/sites/default/files/pdf/newClaimsAgentsProtocol.p df). (2) With court approval, the estate may retain a claims and noticing agent in accordance with such protocol in a case in which the number of creditors and equity security holders, in the aggregate, is less than 250. (3) The costs of services provided by such agent must be paid by the estate.

When the case is closed, the claims and noticing agent must deliver to the Clerk an electronic copy of the claims register. (c) Upon request of the Clerk, the agent shall provide a copy of all electronic records maintained by the agent to the Clerk and shall provide public access to the Claims Registers, including complete proofs of claim with attachments, if any, without charge. The order providing for the retention of an agent under this rule shall provide for (d) (i) the discharge of the agent at the conclusion of the case, or as otherwise provided by entry of an additional order by the Court, and (ii) the disposition of any records, documents and the like, that have been provided or delivered to such agent, whether in paper or electronic form in accordance with the Protocol for the Employment of Claims Agents. Comment This rule complements 28 U.S.C. §156(c).

Pursuant to the guidelines of the Judicial Conference of the United States, the Clerk is responsible for the security and integrity of all Court records. This rule was amended in 2013 to add as new subdivision (b) the provisions of General Order M-409, relating to the use of claims and noticing agents, and to state in the rule the link to the Court’s website where practitioners may access the governing protocols. The substance of former subdivision (b) has been deleted. The Clerk does not maintain duplicate electronic records of the claims register held by the claims and 51 noticing agent.

Such claims register is delivered to the Clerk upon the closing of the case. General Order M-409 was abrogated and replaced by this local rule in 2013. Subsection (b) of this rule was stylistically revised in 2016. No substantive change was intended.

The subsection was amended in 2024 to clarify that the claims register delivered to the Clerk at the conclusion of the case must be in electronic format. Subsection (c) of this rule was amended and subsection (d) was added in 2016 to require open access to claims registries in accordance with existing requirements and Clerk’s Office procedures, as well as section 107 of the Bankruptcy Code and Bankruptcy Rules 3002(b) and 5005(a).