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Bankruptcy court addresses e-filing, weather issues

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The United States Bankruptcy Court in the Southern District of Indiana has posted notice on its website as to how it will handle situations when the electronic case filing system is unavailable or weather creates access issues for customers.

If the ECF is unavailable because of system problems on the court’s end and it threatens to last beyond the normal business day, the chief judge will issue a general order extending deadlines that expire on the day the system outage began. Deadlines will be extended to the first business day that the system access is restored, typically the next business day.

But if inclement weather affects the court, there’s a good chance deadlines will not be extended. The notice on the Bankruptcy Court’s website says that because of its multiple office locations, work may continue at other sites that remain open. And, even though a physical location is closed, employees may be able to telework.

“Therefore, the Clerk’s office (CM/ECF) has not been rendered inaccessible and no blanket extension of deadlines will occur,” the notice, signed by clerk Kevin P. Dempsey, says. “However, if counsel lacks access to the resources necessary to file electronically and suffers the consequences of a missed deadline, the inability to file because of a weather emergency may be grounds for the Court to grant relief from the order. (During weather emergencies, the Court will be particularly sensitive to deadlines affecting pro se parties who are not permitted to file electronically and must deliver documents to a Courthouse.)”
 

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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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