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TCL > January 2009 Issue > Court Business

The Colorado Lawyer
January 2009
Vol. 38, No. 1 [Page  91]

© 2009 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

All material from The Colorado Lawyer provided via this World Wide Web server is copyrighted by the Colorado Bar Association. Before accessing any specific article, click here for disclaimer information.

From the Courts
Court Business

Court Business

Visit the related court’s website for complete text of rule changes or proposed rule changes issued by the court. Each court’s website includes corresponding forms, which are not printed in Court Business, and versions with highlights of revisions (deletions and additions). Material printed in Court Business appears as submitted by the court and has not been edited by the staff of The Colorado Lawyer.


United States Bankruptcy Court for the District of Colorado

General Procedure Order Number 2008-5

In the Matter of Mandatory Electronic Filing for Certain Creditors
and Their Agents Filing Proofs of Claim or Interest

THIS MATTER arises sua sponte to apply the mandatory electronic filing requirements of General Procedure Order Number 2001-8, as amended, to creditors and their agents who file with the Clerk, on average, one or more proofs of claim or interest per week. These filers, if they are not already mandatory electronic filing attorneys, will be considered limited registrants for limited electronic filing and will be required to complete the Court’s registration form and obtain a procedural manual to be assigned an electronic filing login to file claims. Accordingly, it is

ORDERED that commencing December 1, 2008, the mandatory electronic filing requirements of General Procedure Order Number 2001-8, as amended, shall apply to creditors and their agents who file, on average, two or more proofs of claim or interest per week.1

FURTHER ORDERED that creditors and their agents who are required to file proofs of claim or interests electronically are required to complete the Court’s registration form, obtain a procedural manual from the Court, and be assigned an electronic filing login, in that order.

Dated: November 5, 2008

By the Court:

Howard R. Tallman, Chief Bankruptcy Judge
Sidney B. Brooks, Bankruptcy Judge
A. Bruce Campbell, Bankruptcy Judge
Elizabeth E. Brown, Bankruptcy Judge
Michael E. Romero, Bankruptcy Judge

_______________

1. The requirement of General Procedure Order Number 2001-8, as amended, that the e-filing login only be assigned to an attorney shall not apply to limited registrants.


General Procedure Order Number 2008-6

In the Matter of Vacating as Moot
General Procedure Orders Number 2005-6 and Number 2006-4

This matter arises sua sponte to vacate as moot General Procedure Orders Number 2005-6 and 2006-4. Those two General Procedure Orders were enacted pursuant to 28 U.S.C. § 2071, Rule 83 of the Federal Rules of Civil Procedure, and Rule 9029 of the Federal Rules of Bankruptcy Procedure, to adopt interim and amended interim Federal Rules of Bankruptcy Procedure used to effectuate the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act). On December 1, 2008, the interim rules officially amend the existing Bankruptcy Rules 1005, 1006, 1007, 1009, 1010, 1011, 1015, 1017, 1019, 1020, 2002, 2003, 2007.1, 2015, 3002, 3003, 3016, 3017.1, 3019, 4002, 4003, 4004, 4006, 4007, 4008, 5001, 5003, 6004, 7012, 7022, 7023.1, 8001, 8003, 9006, 9009, and 9024 and adopt the new rules 1021, 2007.2, 2015.1, 2015-2, 5008, and 6001.1 Accordingly, it is

ORDERED that General Procedure Orders Number 2005-6 and 2006-4 shall be vacated as moot effective December 1, 2008.

Dated: December 4, 2008, nunc pro tunc, December 1, 2008

By the Court:

Howard R. Tallman, Chief Bankruptcy Judge
Sidney B. Brooks, Bankruptcy Judge
A. Bruce Campbell, Bankruptcy Judge
Elizabeth E. Brown, Bankruptcy Judge
Michael E. Romero, Bankruptcy Judge

_______________

1. The Transitional Local Bankruptcy Rules and Forms, adopted to effectuate provisions of the Act and/or the above-referenced interim and new rules, remain in effect until such time as revised Local Bankruptcy Rules and Forms are adopted.


General Procedure Order Number 2008-7

In the Matter of Adopting Interim Rule 1007-1
to Implement the National Guard and Reservist Debt Relief Act

This matter arises sua sponte to adopt Interim Rule 1007-1 of the Federal Rules of Bankruptcy Procedure to implement the National Guard and Reservist Debt Relief Act as it applies to temporary exclusion from means testing. Accordingly,

It is Ordered that pursuant to 28 U.S.C. § 2071, Rule 83 of the Federal Rules of Civil Procedure and Rule 9029 of the Federal Rules of Bankruptcy Procedure, effective on December 1, 2008, Interim Rule 1007-1 is adopted without change.

Dated: December 4, 2008, nunc pro tunc, December 1, 2008

By the Court:

Howard R. Tallman, Chief Bankruptcy Judge
Sidney B. Brooks, Bankruptcy Judge
A. Bruce Campbell, Bankruptcy Judge
Elizabeth E. Brown, Bankruptcy Judge
Michael E. Romero, Bankruptcy Judge


Seventeenth Judicial District

Adams County and the City and County of Broomfield, Colorado

Order of the Chief Judge 08-06 Amended 07-06
Mandatory Electronic Case Filing (E-Filing) for District Court Civil Cases
Amended—Effective Date: December 1, 2008

Effective November 1, 2007, all District Court civil cases will be subject to mandatory electronic case filing. All attorneys shall electronically file all new cases and all subsequent pleadings for those cases via the Internet through the Colorado Supreme Court authorized E-System. The current Court-authorized system is LexisNexis File & Serve (LNFS).

All attorneys should refer to C.R.C.P. Rule 121, § 1-26, for complete E-Filing requirements. The rule outlines how pleadings shall be filed and served electronically, how original documents shall be maintained by counsel, and other pertinent information related to E-Filing.

For each document filed by an attorney in paper format, the clerk shall charge a fee of $50.00 per document for the service of scanning and uploading the documents to LexisNexis (Rule 121, § 126, 13).

All documents relating to a single pleading or paper may be filed electronically as a single transaction. For example, a motion, exhibits, and related affidavits may be filed under a single transaction. Effective December 1, 2008, all related pleadings (motion, proposed order, response, and reply) shall be linked when electronically filed. Failure to link related pleadings may result in a "denied defective" order from the court. All proposed orders shall be submitted as a separate document within a transaction and shall be in an editable format (not scanned). See Rule 121, § 1-26, 15c.

All judicial rulings, opinions, orders, and other written communications from the court shall be filed electronically and served on attorneys and pro se parties by LNFS.

Parties who are not represented by an attorney shall continue to file documents in paper format, and the clerk shall scan and upload those documents to LexisNexis. No additional fees will be charged to pro se parties for scanning and uploading, because pro se parties do not currently have access to LexisNexis.

Dated: October 24, 2008

By the Court:

C. Vincent Phelps
Chief Judge of the 17th Judicial District

© 2009 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=2009.


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