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CM/ECF Attorney Manual (updated 11/3/2008)
 
 
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ATTENTION: NATIONAL GUARD AND RESERVISTS DEBT RELIEF ACT OF 2008: On October 20, 2008, the President signed the National Guard and Reservists Debt Relief Act of 2008, Pub. L. No. 110-438. The Act temporarily excludes certain members of the National Guard and Reserves from means testing in chapter 7 bankruptcy cases, which are commenced in the three-year period beginning December 19, 2008. A new official form B22A will be available on December 19th or shortly thereafter on the U.S. Courts Federal Judiciary web site at http://www.uscourts.gov/bkforms/bankruptcy_forms.html
CM/ECF Update: This Court currently runs CM/ECF 3.2. Information and Training Material can be accessed here.
Attention Counsel: Judge Flatley has modified Local Rule Gen P 83.10 to permit attorneys appearing before the U.S. Bankruptcy Court (NDWV) to retain their cell phones, including those with camera features. Court security at all points of court has been advised of this change in procedure.
ATTENTION: Pursuant to the Bankruptcy Court Miscellaneous Fee Schedule, a fee for filing a motion to reopen a Bankruptcy Code case shall be collected unless the reopening is to correct an administrative error or for actions related to the debtor's discharge. The Court may waive this fee under appropriate circumstances. In this regard an In Forma Pauperis Financial Affidavit has been developed and is available on our website under Bankruptcy Forms. You may wish to include this Affidavit when filing a motion to reopen.
ATTENTION: General Order No. 07-01 has been entered by The Honorable Patrick M. Flatley on January 17, 2007. This Order provides for the mandatory electronic filing of all petitions and support documents, adversary proceedings, pleadings and proposed orders with few exceptions as of July 1, 2007. A copy of General Order No. 07-01 can be viewed under Court Info/General Orders. If you have any questions, please feel free to contact Mike Sturm or Anita Swaton at 304-233-1655

CORPORATE OWNERSHIP STATEMENT: Please remember under Rules 1007(a)(1) and 7007.1 to include a Corporate Ownership Statement when a corporation is a debtor or a party to an adversary proceeding. This Corporate Ownership Statement should disclose all corporations that directly or indirectly own 10% or more of any class of the corporation's equity interests. The Statement must be provided even if there are no entities to report. This information is necessary in making judicial disqualification decisions.

If the Statement was filed at the commencement of a voluntary case, the same disclosure is not required each time that party is involved in an adversary proceeding related to that bankruptcy case.

This form may be included in your electronic bankruptcy forms package and filed as part of the debtor's bankruptcy petition and schedules. Otherwise, please select Adversary or Bankruptcy/Other/Corporate Ownership Statement. The form may be found on this Court's website under Bankruptcy Forms/Local Bankruptcy Forms.

ATTENTION: The HP Scanning Director will not launch following the IE7 install. According to HP's Customer Care, this is a known incompatibility that has not been addressed as of yet. They are recommending that PC's with HP Scanning Software not be upgraded to IE7. The current fix for affected PCs is a rollback to IE6.

Notes for PACER Users
Version 3.1 Changes
: This document summarizes some of the major changes that will impact the use of CM/ECF for external filers.
R E M I N D E R

Counsel,
Please remember that under the reform law [11 U.S.C. §727(a)(8) ] the time between a new filing, and a previous Chapter 7 discharge is now 8 years. Likewise, you can only file a Chapter 13 case after the expiration of 4 years from receiving a prior Chapter 7, 11, or 12 discharge [ 11 U.S.C. §1328(f) ]. Finally in this regard, your client can only file a subsequent Chapter 13 case after the expiration of 2 years from a previous Chapter 13 discharge [ 11 U.S.C. §1328(f) ].
Counsel, Please remember to include your name and address on all orders / proposed orders which are submitted to the court either electronically or by Mail.
Effective August 28, 2005 - all CM/ECF users making fee payments by Internet credit card through Pay.gov must use Internet Explorer 5.5 or higher as their browser.  This is the only browser supported by the most recent version 3.2, of the Treasury's Pay.gov system, which is scheduled to be deployed on August 28, 2005.
Public  visitors to the Wheeling Federal Courts:  Local Rule governing the use of electronic devices in the Courthouse.
Bankruptcy Lawyers:  Please read the new streamlined 362 procedures. 
N.D.W.V. LBR 5010-1 HAS BEEN ABROGATED AS OF 05/04.  COUNSEL SHOULD SUBMIT AN ORDER SIMILAR TO THIS EXAMPLE (click on link to view) WHEN FILING A MOTION TO REOPEN A BANKRUPTCY CASE IN ATTEMPTING TO ADD CREDITORS.
Notice To Bankruptcy Counsel regarding Increase in Residential Exemption
NOTICE TO COUNSEL regarding proof of identity
You can now receive your Bankruptcy Notices via e-mail or fax.  Visit the Bankruptcy Noticing Center to learn more. http://www.ebnuscourts.com
Question or Comment? Send a message to wvnb_ecfhelp@wvnb.uscourts.gov