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ECF Background Information Bankruptcy2012™ is the leader in electronic filing. It was the only program used in all of the prototype ECF districts during the initial development of CM-ECF. As early as 1996 it was used by the courts to prototype and develop CM-ECF. As early as 1992, years before CM-ECF was introduced, New Hope Software was involved in ECF experiments ranging from ASCII filings to EDI (Electronic Data Interchange). New Hope is closely involved with efforts of the courts to develop the next generation of CM-ECF that will further reduce the time attorneys spend uploading and docketing cases. CM-ECF Background CM-ECF was first designed and ready for testing in the late 1990's. The CM-ECF (Case Management - Electronic Case Filing) system was designed to streamline the filing of bankruptcies throughout the USA. This has also proved to save attorneys time and money, as it allows for attorneys to file their client's bankruptcies directly from their home or office via the internet. Today, all 94 bankruptcy courts allow for some time of online electronic case filing procedures, whether through your Bankruptcy2012™ directly, or via the courts web page. There are three ways an attorney can file a bankruptcy using the CM-ECF system. We will discuss and explain all three methods here, and how it can be done with your bankruptcy software program. The first method is called "Open BK Case". This is the most labor intensive method of electronic filing. Open BK case is when log into your courts website, and type in all the debtors information needed to file the bankruptcy. This is the method taught in the bankruptcy court training sessions, and the only method that is universal across all 94 bankruptcy court CM-ECF systems. Once you have completed the information online, you will be assigned a case number, and will receive the payment window to pay for filing fees. To obtain, have a hard copy of the bankruptcy filing for your records, you would need to re-enter all the data into your bankruptcy software program. The second method is called "Case Upload". Case Upload is also available in all 94 bankruptcy court districts, however varies slightly from court to court. With Case Upload, you would enter all the debtors information into your Bankruptcy2012™ software program, and use the ECF menu to "Create All ECF Files as a Package" option. This will create three files - your petition (as a pdf), your creditor matrix (as text file), as well as your case opening information (also called debtor statistical information - as a text file). Then, the attorney or staff would log into the courts CM-ECF website and choose "Case Upload" from the bankruptcy menu. The attorney or staff is then prompted to upload (by browsing) each of those three files - petition, matrix and case opening statistical information. The attorney/staff would then also have the option to upload the debtor certificate of counseling, Chapter 13 plan (if applicable), Form 21: Statement of Social Security Number (if required), or any other bankruptcy attachments or amendments required by your specific bankruptcy court. This method will save the bankruptcy attorney and staff significant time, as you can immediately file the official forms, and receive the case number and payment window. A hard copy can be obtained by simply printing the documents created or printing from within your bankruptcy program. The third and final method of electronic filing is by far the easiest and most efficient. The third method is called Direct Upload in your Bankruptcy2012™ software. This allows the user (attorney or staff) to file all forms, schedules, certificate of counseling, and plans without leaving Bankruptcy2012™. Once you have entered all the data into your Bankruptcy2012™ program, you will go to the ECF menu and choose to "Create & File Using Direct Upload". This option will create all the necessary files (petition & schedules in pdf form, matrix in text format and case opening or debtor statistical information in text format). Then, the bankruptcy program will walk the user through several other steps to verify there are no obvious errors in the petition, schedules or matrix, and give the user the option to "upload" the files directly to the bankruptcy courts CM-ECF system, right from the comfort of their home or office, 24 hours a day. A case number will be assigned automatically and a payment window will appear for the bankruptcy fees to be paid via credit card. |
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