JUDGE JOE LEE BANKRUPTCY INSTITUTE
May 20-21, 2005
Campbell House Crowne Plaza, Lexington, KY
Save The Date &Mark Your Calendar!

Presenters include:
Robert A. Greenfield, Esq., Senior Shareholder, Stutman, Treister & Glatt, Los Angeles
Jack F. Williams, Professor of Law, Georgia State University School of Law
Roger M. Whelan, Esq., former Bankruptcy Judge, now in private practice in Washington, DC
Lois R. Lupica, Professor of Law, University of Maine School of Law
Jeffrey Morris, Professor of Law, University of Dayton School of Law
Beverly M. Burden, Chapter 13 Trustee, Eastern District of Kentucky
Judge David S. Kennedy, Chief Bankruptcy Judge, Western District of Tennessee
Chris W. Frost, Professor of Law, University of Kentucky College of Law
Taft A. McKinstry, Esq., Partner, Fowler, Measle & Bell, LLP, Lexington, KY
and, a Judges’ Panel Discussion with:
Judges David T. Stosberg, Joan L. Cooper, and Thomas H. Fulton from the Western District of Kentucky; and
Judges Joe Lee, William S. Howard and Joseph M. Scott, Jr. from the Eastern District of Kentucky.
Among the topics (which will include two (2) hours of ethics) are:
Tax Issues in Bankruptcy
Conflicts Between the Bankruptcy Code and the Revised UCC
Chapter 11 Issues
Ethical Issues in Preparing Fee Applications
Chapter 13 Issues
Mediation in Chapter 11 Cases
Professionalism: Dealing with Unprofessional Conduct in Bankruptcy
For More Information, Contact: UK CLE, 260 Law Building, Lexington, KY 40506-0048, 859/257-2921

As of July 24, 2004 we have updated to Version 2.4 of CM/ECF.

Free Peek Changes - The time frame to view documents without incurring PACER charges has been reduced from 30 days to 15 days. During the conversion to Version 2.4 free mail records older than 15 days have been deleted. You can still open your e-mail after 15 days; however, PACER fees will be incurred to view documents.

Summary E-mail - Other courts already using Version 2.4 have reported that the daily summary e-mail option for receipt of electronic notices is not working properly. Any users who have selected the daily summary option may fail to receive electronic notices. Users who are currently using this option have been contacted and told that they must start receiving individual notices until the problem is resolved. New users or existing users not currently using the summary option should not change this setting in their user account in an attempt to receive summary e-mail at this time. Once this option is working properly, we will post a notice to our website.

File Size Limit - The file size limit has been reduced from 4 MB (Megabytes) to 3 MB. The file limit applies to individual PDF files and is not a total of all attachments. However, if you are attaching multiple files of 2 MB or larger, the docketing event may fail to process. We are continuing to review problems incurred due to attaching large files and may reduce the file size limit to 2 MB in the future.

How to Amend Social Security Numbers - In order to conform with the privacy rules, amendments to the SS# are now a two-step process that require (1) an amendment for public viewing that only shows the last four digits of the SS#, and (2) the complete SS# filed using a private entry for the court using the Form 21 docket event. Complete instructions are available at http://www.kyeb.uscourts.gov/Amendment_SSN.htm

Schedule Events Changed - Individual schedule events (i.e., Schedule A, Schedule B, Schedule C, etc.) have been removed from the list of events under Bankruptcy/Miscellaneous and replaced with Schedule - Fee Due and Schedule - No Fee Due. Select the appropriate event and then input which schedules are being filed.

Schedules or Amended Schedules? - If the schedule(s) were not filed with the petition, select the appropriate Schedules event (Fee Due or No Fee Due) to file the schedule(s). If the schedule(s) were filed previously in the case, select the appropriate Amendment to Schedules event (Fee Due or No Fee Due).

When are Amendment Fees Due? - Amendment Fee FAQ is now available from the website at http://www.kyeb.uscourts.gov/kyeb/feefaq.htm Check this for clarification as to when an amendment fee is due.

Transcripts - Only transcripts of court hearings will be docketed to the record by the court. If an attorney wants a transcript of something other than a court hearing (i.e., deposition, etc.) docketed to the record, the attorney must file the transcript.

Change in Office Hours -As of May 3, 2004 the Clerk’s Office now closes at 4:00.

The US District Court for the Eastern District now has their ECF registration form on their web site. Anyone certified by another court may fill out the form and be certified by District Court. See http://www.kyed.uscourts.gov/aty-cmecf/ECF-REGISTRATION.pdf

Also: Effective Monday, May 3, the Bankruptcy Court in Lexington will be open daily 8:30 a.m. until 4:00 p.m. 

Winter 03/04

Privacy Act: Amendments to the Bankruptcy Rules and forms to implement the Judicial Conference policy on privacy and public access to electronic case files for bankruptcy courts are scheduled to take effect December 1, 2003. You will find the Judicial Conference's report and supporting material in regard to this policy change at http://www.uscourts.gov/rules/jc0902.html

CM/ECF Version 2.3 will enable the court to comply with the privacy provisions. Debtor attorneys should be contacting their case preparation software vendors to ensure that their version is in compliance by the deadline. (See additional comments for debtor attorneys below.) All attorneys should be thinking about any forms, etc., that they are using as well to see if modifications are in order. The court will NOT be cleaning up any filings that are not in compliance.

Any subscriber to WebPACER will be able to read, download, store and print the full content of electronically filed documents. The clerk’s office will not make electronically available documents that have been sealed or otherwise restricted by court order.

In order to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents and pleadings filed with the court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the court or required by statute, the Federal Rules of Bankruptcy Procedure or the Official Bankruptcy Forms.

Social Security numbers – If an individual’s social security number must be included in a pleading, only the last four digits of that number should be used

Names of minor children – If the involvement of a minor child must be mentioned, only the initials of that child should be used. On Schedule I of Official Bankruptcy Form 6, list relationship and age of the debtor’s dependents (i.e., son, age 6).

Dates of birth – If an individual’s date of birth must be included in a pleading, only the year should be used. On Schedule I of Official Bankruptcy Form 6, list the age of each of the debtor’s dependents.

Financial account numbers – If financial account numbers are relevant, only the last four digits of these numbers should be used. On Scheduled D, E, and F of Official Bankruptcy Form 6, debtors, if they so choose, may include their full account numbers to assist the trustee and creditors.

The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk will not review each document for compliance.

In compliance with the E-Government Act of 2002, a party wishing to file a document containing the personal data identifiers specified above may file an unredacted document under seal. This document shall be retained by the court as part of the record. The court may, however, also require the party to file a redacted copy for the public file.

In addition, exercise caution when filing documents that contain the following:

1) any personal identifying number, such as driver’s license number;

2) medical records, treatment and diagnosis;

3) employment history;

4) individual financial information; and

5) proprietary or trade secret information

Counsel is strongly urged to share this information with all clients so that an informed decision about the inclusion of certain materials may be made. If a redacted document is filed, it is the sole responsibility of counsel and the parties to be sure that all documents and pleadings comply with the rules of this court requiring redaction of personal data identifiers. The clerk will not review each pleading for redaction.

Note to Debtor Attorneys: You will continue to enter the full social security number when preparing a petition for electronic filing. The court is required to provide the complete social security number to recipients of the 341 meeting notice; however, the version of the notice posted to the CM/ECF system will be redacted so that only the last four digits of the social security number appear on the notice. The PDF of the petition prepared using your updated petition preparation software should redact the social security number so that only the last four digits appear on the petition page.

Official Bankruptcy Form 21, Statement of Social Security Number, must not be filed electronically with the petition, but shall be retained by the attorney for the same period of time that other originally signed documents are required to be maintained pursuant to the Administrative Procedures Manual (APM).

Case Preparation Software Survey: Please visit http://www.kyeb.uscourts.gov/Caseprepsurvey.htm and let us know what case preparation package you are using. You can see a list of compatible packages at http://www.kyeb.uscourts.gov/kyeb/CMECF/CM_Petition_Prep_Software.htm

Feb/March 2004 Frankfort hearings will be in Lexington.

Because of renovations at the Frankfort U.S. courthouse the February and March 2004 Frankfort hearings will be held in Lexington. See http://www.kyeb.uscourts.gov/calendar.htm for full calendar.

You are receiving this newsletter because you requested to be added to our mailing list or you have recently contacted the U.S. Bankruptcy Court for the Eastern District of Kentucky for information. If you do not wish to receive these quarterly newsletters, pardon the intrusion--just reply to this message or send a note to david_t_miller@kyeb.uscourts.gov or call (859) 233-2608, x134 to be removed from this list. The most recent version of this Newsletter will always be available at http://www.kyeb.uscourts.gov/newsletter.htm

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NOTICE REGARDING FRANKFORT and COVINGTON HEARINGS: Starting in September, Judge Howard will be hearing all cases in the Frankfort Division. Frankfort hearing dates will be the Monday before the second Tuesday of each month, unless the date is changed due to a conflict. Current Frankfort dates scheduled are September 8, October 6, November 13 and December 8. Beginning with September, hearing times for Frankfort will be as follows:

2:00 p.m. - Relief Motions

2:10 p.m. - Continued Conf.Hearings in Ch. 13's

2:20 p.m. - Final Meetings

2:20 p.m. - Other Motions

Effective September 9, 2003, hearing times for the Covington division shall be as follows:

Any motion addressing the above matters noticed for hearing on September 9, 2003, or thereafter must comply with these hearing times or it will be overruled without prejudice. See complete calendar at http://www.kyeb.uscourts.gov/calendar.htm

NEW Standing Orders: You will find a copy of the Standing Order implementing these changes on our website, at http://www.kyeb.uscourts.gov/kyeb/standing_orders.htm For instructions on setting Lexington Chapter 13 hearings see http://www.kyeb.uscourts.gov/kyeb/CMECF/settinglexch13.htm

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NEW CM/ECF Training Manuals online--New versions of the training materials are online for attorneys (see http://www.kyeb.uscourts.gov/CMECF_manual_attyonly_ver22/Manual_atty.htm ) and for creditors (see http://www.kyeb.uscourts.gov/CMECF_manual_credonly_ver22/manual.htm

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APPLICATION FOR ADMINISTRATIVE EXPENSE/COMPENSATION info posted at http://www.kyeb.uscourts.gov/kyeb/CMECF/applicationadminexp.htm

Kentucky Eastern Bankruptcy Court is going totally ECF! As of May 1st 2003 all filings with the Court shall be filed electronically REGARDLESS OF WHEN THE CASE WAS FILED. After 5/1/2003 the Court will no longer accept paper filings. The Court offers free, ongoing training in Lexington on our Case Management/Electronic Case Files system (CM/ECF). For updates, periodically check our website at http://www.kyeb.uscourts.gov and http://www.kyeb.uscourts.gov/kyeb/CMECF/cmecf.htm

Hyperlinking instructions posted: Our judges have posted instructions on how to prepare hyperlinked pleadings-- see     http://www.kyeb.uscourts.gov/hyperlinking.htm

Having trouble with CM/ECF? Take a look at your Troubleshooting page: http://www.kyeb.uscourts.gov/troubleshooting.htm

Some attorneys continue to have trouble with various ECF procedures. Here are the top issues our judges are seeing: http://www.kyeb.uscourts.gov/troubleshooting.htm#Top%20issues 

We offer free, ongoing training on the CM/ECF system for various types of practice and all levels of computer skills. Sign up online at http://www.kyeb.uscourts.gov/kyeb/CMECF/Training/trainingform.asp

Full hearing calendars now available online--visit http://www.kyeb.uscourts.gov/calendar.htm

The Judge Joe Lee Biennial Bankruptcy Institute will be held May 16 and 17, 2003 at U.K. College of Law. For more info check the UK/CLE website at http://www.uky.edu/Law/CLE/Calendar.html  and see the introductory letter from our judges at http://www.kyeb.uscourts.gov/BankruptcyInstitute.pdf 

Corbin (now London) Division 341 meetings will continue to be held in Corbin. All the judge's hearings in that division have permanently moved to London. Directions? http://www.kyeb.uscourts.gov/kyeb/directions.htm More info? Call (859) 233-2608, x134

Our website includes simple guides to the various bankruptcy chapters, prepared by the Administrative Office of the Courts. Perfect for giving to new clients. See the Public Information Pamphlets at http://www.kyeb.uscourts.gov/Complete_menu.htm

End

FALL 2002 
Our changeover to CM/ECF is continuing and is going relatively smoothly. Thanks for your patience. Our judges are seeing a few ongoing problems, so here's our "Top 7 issues":

1. CM/ECF homework is not being turned in. We need to hear from you when your CM/ECF training homework is done, so it can be processed and your registration set up. If you've finished your home work, you must LET US KNOW. Stop by http://www.kyeb.uscourts.gov/homework_submission.htm and fill out the form, OR send an e-mail to sara_castillo@kyeb.uscourts.gov with your name, e-mail address, phone, CM/ECF login ID, and the case # you used for the homework.

2. Electronic signatures are lacking or improper. Pleadings are being submitted with a blank signature line, or just a name and no "s/" to indicate that it was signed, or with just the "s/", but no indication of who is doing the signing. Section G of the APM covers signature requirements:

(3) FORM OF ELECTRONIC SIGNATURE: Electronically filed documents requiring a signature shall either: (1) show an image of such signature as it appears on the original document or appended as an image file, in which case such document shall indicate that it has been filed electronically, or (2) bear the name of the signatory preceded by an "s/" typed in the space where the signature would otherwise appear, as follows: s/ Jane D. Doe.

(4) DOCUMENTS REQUIRING MULTIPLE SIGNATURES: Documents requiring signatures of more than one party must be electronically filed either by: (1) submitting a scanned document containing all necessary signatures; (2) representing the consent of the other parties on the document; or (3) in any other manner approved by the court.

3. "Attachments" are being misused. There is no longer a general category of "attachments" such as you would think of them with paper filings. Instead, the attorney should make ONE COMPLETE PDF DOCUMENT from all the pleadings he or she is filing, INCLUDING any supporting material that goes with those pleadings. The ONLY times attachments are to be used are for (1) Proposed Orders, or (2) pleadings that are over 50 pages and must therefore be filed in several parts. See section II.D. of the Administrative Procedures Manual or APM (http://www.kyeb.uscourts.gov/apm.htm). REMEMBER: Local Rule 9022-1 requires that you attach a proposed order, in triplicate and with a postpaid SASE, to each motion or application.

4. Debtor names on new petitions are erroneously being uploaded in ALL CAPS instead of the normal upper/lower case. These have to be corrected by hand. Please use normal upper and lower case.

5. Accidentally re-adding yourself to the attorney database when opening an Adversary Proceeding. See Page 7 of the Training Manual--"Any attorney who has previously filed a pleading in the Eastern District of Kentucky in a case filed since August 1991 should be on the court's attorney roll." So, if you have filed previously, when opening an AP just do an attorney search, highlight your name and then "Select name from list" rarther than "Create new attorney."

6. Docket codes are incorrect. Some attorneys are using the "Supplement Document" for almost everything, instead of choosing the proper specific event code. Some attorneys are also not using the Bankruptcy Event for docketing the 13 plan, the certificate of 13 plan, objection to confirmation, and so on. Remember, the workbook you received with your training has screenshots and easy explanations of these types of issues.

7. Practitioners are not checking our website, http://www.kyeb.uscourts.gov , for up to date information. As in many areas of the law, things can change quickly in Electronic Case Filing. The website is the fastest, most efficient way to keep you informed and help you and your clients save time and money. EXAMPLE: Collier's Top Form has an issue with the Case Upload feature. With help from some very alert attorneys, we posted a fix on our website within minutes of learning of the problem. See the Announcements at http://www.kyeb.uscourts.gov/kyeb/CMECF/cmecf.htm So, please check the site regularly, and let us know suggestions for how it can be made to serve you better.

The U.S. Bankruptcy Court for the Eastern District of Kentucky has posted a detailed Administrative Procedures Manual (APM) for the Case Management/Electronic Case Files system on its website at http://www.kyeb.uscourts.gov/apm.htm

The APM is available in both HTML and PDF format. It details the registration, filing, service and other procedures you need to know before the August 1 CMECF go-live date. The APM is subject to change, so you MUST always consult the most recent version on the website.

Our main CM/CEF webpage at http://www.kyeb.uscourts.gov/kyeb/CMECF/cmecf.htm describes the hardware, software and training that will get you up and running on this exciting new way of practicing banckruptcy.

We have also posted new standing orders implementing CM/ECF: http://www.kyeb.uscourts.gov/kyeb/standing_orders.htm#July2602

and registration forms for various types of filers:

http://www.kyeb.uscourts.gov/kyeb/CMECF/cmecf_registration_forms.htm

and CM/ECF case filing procedures:

http://www.kyeb.uscourts.gov/kyeb/CMECF/filing_procedure_ecf.htm

Comments and questions are always welcome

You are receiving this newsletter because you requested to be added to our mailing list or you have recently contacted the U.S. Bankruptcy Court for the Eastern District of Kentucky for information.  If you do not wish to receive these quarterly newsletters, pardon the intrusion--just reply to this message or send a note to david_t_miller@kyeb.uscourts.gov or call (859) 233-2608, x134 to be removed from this list. For general court information, calendars, job openings, and much more, please visit our website at http://www.kyeb.uscourts.gov

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CMECF is coming! The Court is implementing Case Management/Electronic Case Filing (CMECF) this summer. It promises to revolutionize the way you practice bankruptcy. August 1, 2002, is our forecast ECF live date; however some selected large petition filers may be asked to go live before this date. Before August 1, 2002, filers must obtain a virus checking software package that they update monthly with free virus recognition updates. Electronic filers will also be required to accept electronic notices from the court system (see http://www.kyeb.uscourts.gov/kyeb/electronic_noticing.htm) and have a PACER account (see http://pacer.psc.uscourts.gov/register.html). In adversary proceedings, attorneys will be generating their own summonses and affidavits of service. These will be provided on our web site. Filers not certified to file pleadings electronically must provide the court with pleadings in PDF format and on floppy disk until they are certified.

Beginning May 1, 2002, all creditor matrices shall be provided to the court on 3 ½" diskettes. The diskette will be returned if you provide us with a stamped self-addressed, stamped envelope. All PDF pleadings shall be in 8 ½" x 11" format. Pleadings filed in cases filed prior to August 1, 2002, must continue to be filed in paper format unless the court otherwise directs. After August 1, 2002, any new case filed by someone not yet certified must provide the petition in PDF format and the creditor matrix must be provided in a text file. All proofs of claims shall be filed in PDF format after August 1, 2002. Should supporting documents be in excess of the 50 page limit, remaining documentation shall be filed in 50 page batches as attachments to the proof of claim PDF. Orders that historically have not had the Judge’s original signature may be simply signed "/s/Judge". The court is considering methods that will aid in the identification of paper versus ECF cases. Any deviation from the above will require electronic filers to file an accompanying motion asking for an exception to the above with an explanation of why they can’t comply.

CMECF training for electronic filers is scheduled to begin in early May. For updates, tutorials, training opportunities, hardware and software requirements, Frequently Asked Questions, and much more, visit our website at http://www.kyeb.uscourts.gov/kyeb/CMECF/cmecf.htm Check the court's website for dates/times and how to schedule training.

Bank Cards Coming Soon: The Court is pleased to announce we will begin accepting payment of court fees by VISA, MasterCard, American Express, Discover or Diner’s Club for filing fees and other bankruptcy related expenses. Watch our website for additional information. If you are interested in participating in the program, contact Frank Taverna, Financial Specialist, (859) 233-2608 ext. 205 or any member of the financial department for application forms and instructions.

New Standing Order effective 4/1/2002 affecting division assignment for cases filed by Breathitt and Perry County residents--details at http://www.kyeb.uscourts.gov/kyeb/standing_orders.htm

Important info from the US Trustee's office--new ID requirements for Chapter 7 Debtors effective March 1--see http://www.kyeb.uscourts.gov/ustrustee.htm for details.

Effective 12/1/01 the official Petition form adds a potential exhibit requirement for "any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety." Form 15, Order Confirming Plan, is also amended. See Official forms at http://www.uscourts.gov/bankform/

Upcoming court closings: The Bankruptcy Court will be closed on these dates (subject to change as the year progresses--check the website for updates):

Monday, May 27 Memorial Day
Thursday, July 4 Independence Day
Monday, September 2 Labor Day 
Monday, October 14 Columbus Day
Monday, November 11 Veterans Day
Thursday, November 28 Thanksgiving Day
Wednesday, December 25 Christmas Day