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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