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7th Circuit, Bankruptcy Court seek comment on rule changes

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The 7th Circuit Court of Appeals and the United States Bankruptcy Court for the Northern District of Indiana want to hear from attorneys about proposed rule changes.

The 7th Circuit looks to revise Circuit Rules 3, 10, 11, 22, 26.1, 28, 34, 45 and 46. Some of the changes deal with updating language to include electronic submissions or format or use of email.

Rule 34 seeks to extend the notice a clerk must receive in advance as to who will present oral argument from two days to five days.

Rule 45 on fees has been rewritten to make fees collected by the clerk in accordance with the Court of Appeals Miscellaneous Fee Schedule established by the Judicial Conference of the United States under 28 U.S.C. Section 1913.

Under Rule 46, attorneys who seek admission to the 7th Circuit will pay a $15 local fee plus a national fee based on the Miscellaneous Fee Schedule.

Comments must be received by Aug. 1. All of the proposed changes are available on the court’s website, as well as the email and street address to direct comments.

The Bankruptcy Court is accepting public comment concerning a proposed change to Local Rule B-2002-2, Notice of Opportunity to Object to Motions.

The change would amend the rule for clarification by changing Paragraph (a)(24) from “Applications to employ professionals nun pro tunc” to “Applications to employ professionals retroactively.” The amendment also would add additional explanatory commentary.

Comments must be received by July 2. The mailing address and email to direct comments to, as well as the proposed change, are available on the court’s website.

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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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