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U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

August 22, 2008

Re: Proposed Federal Rules Amendments Published for Public Comment - Comment Period Ends 2/17/09

The Judicial Conference Advisory Committees on the Appellate, Bankruptcy, Civil, Criminal, and Evidence Rules have proposed amendments to their respective rules and requested that the proposals be circulated to the bench, bar, and public for comment. The proposed amendments, rules committee reports explaining the proposed changes and other information are posted on the Judiciary's Federal Rulemaking web site at www.uscourts.gov/rules. The public comment period ends on February 17, 2009. Please see attached for additional information.


August 18, 2008


Potential Fraudulent Activity —

On August 4, 2008, the Administrative Office of the United States Courts was notified by the bankruptcy clerk in Utah of a fraudulent scheme that might be affecting victims throughout the country. We are alerting you to be on the lookout for activity possibly related to this scheme.

Over the past two weeks, the Utah bankruptcy court has had three different individuals appear at the Clerk’s Office because they had been contacted by telephone claiming that they owe money ($150 - $450) to pay the debt of another person. The three individuals speak Spanish as their primary language.

In each instance, when the individuals refused to provide a credit card number to the caller, they were told that they must report to court for a hearing and that if they did not pay, then they would be arrested. In each case, the caller provided the Utah bankruptcy court address (including a room number) and a date and time for a fictitious hearing. In at least one case, the caller identified himself as a police officer.

In all cases, the caller provided the same toll-free number for the individuals to call if they decided to pay instead of reporting for the hearing.

Based on the information gathered to date, it is likely that this is occurring in other parts of the country, and the three Utah individuals represent a very small sample of the total number of individuals contacted. Although the individuals that came forward in Utah speak Spanish as their primary language, there is no indication that Spanish-speaking individuals are the only group being targeted.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

July 2, 2008

Attached are statistics for the six month period of January 1, 2008 through June 30, 2008


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

June 25, 2008

Re: Change of Address

Effective June 30, 2008 the U.S. Trustee office will be relocating to a new address at:

Office of the U.S. Trustee
314 South Main Avenue, Suite 303
Sioux Falls, SD 57104

The telephone, fax numbers and e-mail address will remain the same.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

June 10, 2008

Re: 2008 Eighth Circuit Judicial Conference

Please find attached a press release from the Judicial Council of the Eighth Circuit regarding the 2008 Judicial Conference which will be held August 13-15 in Chicago, Illinois at the Chicago Marriott Downtown Magnificent Mile Hotel. For further information please contact the circuit executive's office at (314) 244-2600 or e-mail JudConf@ca8.uscourts.gov.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

June 9, 2008

Re: Internet Credit Card Payments for CM/ECF

Our internet credit card module has been live for over a month now. Additional attorney users have requested to be activated nearly every day!

For more information, please see the reference guide at: www.ndb.uscourts.gov>ECF Training>Filing Guides>Payment of Fees by Internet Credit Card

Next Monday, June 16, 2008, the CM/ECF system will automatically activate the internet credit card module for all attorney filing users. If for some reason you feel your office will not be ready to go live on June 16, 2008, please send an email to kay_melquist@ndb.uscourts.gov. Thank you.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

June 4, 2008

Re: General Order Re Chapter 12 and Chapter 13 Entry of Discharge

Attached is a general order issued by the Honorable William A. Hill. In chapter 12 and chapter 13 cases a certification must be filed within 30 days after the trustee has filed the final report indicating all payments under the plan have been made pursuant to §1228(a) and §1328(a) or at the time a motion for entry of discharge under §1228(b) and §1328(b). This applies to chapter 12 and 13 cases filed on or after October 17, 2005.

Failure to file the certification will result in the case being closed without discharge. If the debtor(s) subsequently files a Motion to Reopen the Case to allow for the filing of the certification, the debtor(s) must pay the full filing fee due.

The certification forms will be posted on our website at www.ndb.uscourts.gov.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

April 25, 2008

Re: System Maintenance and Internet Credit Card Module

CM/ECF will be unavailable during the evening of Sunday, April 27, 2008 because we will be installing the Pay.gov credit card module to our live database. After this installation, you will see new screens and prompts in CM/ECF events that require a fee. A number of attorneys will go live on May 5, 2008. If you would be interested in being one of our first live internet credit card module users, please contact Kay Melquist at 701-297-7104.

Benefits of Pay.gov are:

  • Payment can be made with multiple credit cards;
  • Ability to monitor financial transactions with the court online; and
  • Eliminates the need to mail or drop by clerk's office to make payment.

The court anticipates mandatory use by attorneys of the credit card payment system effective June 15, 2008. The CM/ECF Administrative Procedures will be modified to require attorneys to pay fees using the internet credit card system and to require fees to be paid in full on a daily basis.

If you do not have a business credit card, you may wish to take the necessary steps to obtain one at this time.

We are excited to implement this latest feature for you and we know that this will be another welcome enhancement.

Should you have any questions, please do not hesitate to contact our office.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

April 11, 2008

Re: Local Rules and Administrative Procedures

Please note changes to the Local Rules and Administrative Procedures effective April 7, 2008. The Local Rules and Administrative Procedures are posted on our website using a software product that allows us to build, manage and publish content in a format that is in a searchable and includes a table of content and index. This software works best using the Internet Explorer browser. If you have any questions regarding the Local Rules, Administrative Procedures or use of this software, please e-mail clerks_office@ndb.uscourts.gov or call (701) 297-7100.

Also for your use is an updated Guide to Rules, Proceedings and Hearings. The guidelines are for reference purposes only and should not be relied upon instead of the Bankruptcy Code and/or Bankruptcy Rules. This document can be found at:

www.ndb.uscourts.gov> Common Motion Practice>


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

April 11, 2008

Re: Debtor E-mail Notification of Filing

With the implementation of electronic case management, we have the capability to notify debtor(s) by e-mail that a document has been filed in their case. This does not mean the debtor(s) will be able to file documents electronically. It does mean that once we set up the e-mail address in our system:

1. debtor(s) will automatically receive e-mail notification of each document filed.
2. debtor(s) will have one free opportunity to look at the actual document by clicking on the hyperlink to the document in the e-mail.
3. debtor(s) will no longer receive a hard copy of the documents filed.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

March 14, 2008

Re: Local Rules Effective 4/7/2008

The Local Bankruptcy Rules for the District of North Dakota shall become effective on April 7, 2008. Please see General Orders.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

March 13, 2008

Re: EOUST Means Test Calculation Update

The Census Bureau and IRS Data and the Administrative Expense Multipliers on the following page were updated on March 3, 2008. The U.S. Trustee Program will apply the updated information to cases filed on or after March 17, 2008.

www.usdoj.gov/ust/eo/bapcpa/meanstesting.htm

For cases filed between February 1, 2008, and March 16, 2008, inclusive, the U.S. Trustee Program will apply the prior Census Bureau and IRS Data and Administrative Expenses Multipliers.

Please email ust.mt.help@usdoj.gov if you have any questions.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

March 4, 2008

The U.S. Bankruptcy Clerk's Office for the District of North Dakota will be implementing the Pay.gov Internet credit card module for paying fees beginning May 5, 2008. This new service allows you to pay most bankruptcy related fees online with a credit card. The benefits of Pay.gov are:

  • Payment can be made with multiple credit cards;
  • Ability to monitor financial transactions with the court online; and
  • Eliminates the need to mail or drop by clerk's office to make payment.

The CM/ECF Administrative Procedures will be modified to require attorneys to pay fees using the internet credit card system and to require fees to be paid in full on a daily basis.

If you use a forms package to file with the clerk’s office, (e.g. Best Case, Collier, EZ Filing, etc.) you will need to notify your vendor that the North Dakota Bankruptcy Clerk's Office is implementing the Pay.gov module. Early notification will allow your vendor to make the necessary changes in the software so that the transition to Pay.gov is seamless.

In the next few weeks more internal testing will be done in the training database. In early April, you will receive another email, asking you to log into the train database and do some testing of this new feature.

We will go live with internet credit card on May 5, 2008. On this date, a select number of attorneys will be using the new feature and by the end of May, we expect to open the system to all attorneys. On June 15th, 2008, attorneys will be required to pay fees using the Pay.gov Internet credit card module.

If you do not have a business credit card, you may wish to take the necessary steps to obtain one at this time.

We are excited to implement this latest feature for you and we know that this will be another welcome enhancement.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

January 28, 2008

Re: Additional Amendments to Local Rules

Additional amendments to the Local Rules governing practice in the U.S. Bankruptcy Court for the District of North Dakota are posted and may be accessed at: http://www.ndb.uscourts.gov/local_rules.html. Comments regarding the proposed amendments should be submitted via e-mail to michael_gust@ndb.uscourts.gov no later than February 8, 2008.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

January 10, 2008

Re: 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.

This form may be included in your electronic bankruptcy forms package or may be found on this Court's website under Forms>Voluntary Petition Forms> Corporate Ownership Statement or under Filing Requirements.

To electronically file this document in CM/ECF, select Adversary or Bankruptcy> Misc/Other> Corporate Ownership Statement>


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

January 8, 2008

Re: Podcast Available Regarding Proposed Local Rule Changes

We are pleased to announce the broadcast of our first podcast or audio update as we explore new ways to supplement written announcements, bringing you new topics and interviews. For those new to the podcasting world,a podcast is an audio broadcast similar to a news or entertainment radio show. Podcasts can be listened to on your computer or downloaded to a personal audio player such as an iPod.

Michael Gust, Law Clerk to Bankruptcy Judge William A. Hill, is your host for this podcast discussing some of the proposed local rule changes. You can listen to the podcast using Windows Media Player or Quicktime. The link is located on our internet site as follows:

www.ndb.uscourts.gov >
Podcasts>
Proposed Local Rules 01/08>

We want your feedback! Please send an e-mail to ginger_elless@ndb.uscourts.gov to let us know what you think of this podcast as well as topics for future episodes.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

December 13, 2007

Re: Amended "Means Test" Forms Effective 1/1/2008

Amended "means test" forms have been approved by the Judicial Conference. The amended versions of Bankruptcy Official Forms 22A, 22B, and 22C will be effective on January 1, 2008. The forms are posted at http://www.uscourts.gov/bankform/index.html#means .


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

December 11, 2007

The proposed amendments to the Local Rules governing practice in the U.S. Bankruptcy Court for the District of North Dakota are posted and may be accessed at: http://www.ndb.uscourts.gov/local_rules.html. Comments regarding the proposed amendments should be submitted via e-mail to michael_gust@ndb.uscourts.gov no later than December 31, 2007.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

November 26, 2007

Re: Passwords

When filing a document electronically through ECF, the filing party uses a court-issued password. Any document filed electronically using such a password is attributed to the individual to whom the password was issued. When a secretary or paralegal files a document by using a password issued to an attorney that document will be attributed to the attorney. Control of passwords, once issued, is the responsibility of the party to whom the password was issued. Each attorney in a law firm who intends to file documents electronically should obtain his or her own password. Only individuals are issued passwords; entities such as law firms are not. If one attorney in a firm uses a password of another attorney in the same firm the documents filed will be ascribed to the attorney holding the password used. In the case, for instance, of a new petition, even though the name of the attorney who represents the debtor may appear on the face of the petition the name that will appear on the docket will be the name of the attorney holding the password used. When an attorney has used another attorney's password and wishes that the docket be corrected a substitution of attorneys is required.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

November 14, 2007

Re: Federal Rule Changes

The following new and amended Federal Rules of Bankruptcy Procedure will become effective December 1, 2007. The amendments are as follows: Bankruptcy Rules 1014, 3007, 4001, 6006, 7007.1, and new Rules 6003, 9005.1, 9037.

Below is a brief summary of each change, but practitioners are advised to obtain a complete copy of the amendments and familiarize themselves of the changes. The rules may be found on-line at www.uscourts.gov/rules/.

Federal Rules of Bankruptcy Procedure:

Bankruptcy Rule 1014 (Dismissal and Change of Venue) (Allows a court to initiate a change of venue on its own motion after giving notice and an opportunity to be heard.)

Bankruptcy Rule 3007 (Objections to Claims) (Prohibits a party in interest from including in a claim objection a request for relief that requires an adversary proceeding. Places restrictions on, and provides procedures for, omnibus objections to claims. It also establishes minimum standards intended to protect the claimants’ due process rights.)

Bankruptcy Rule 4001 (Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements) (Requires a moving party provide more extensive notice and a summary of the relief requested when seeking authority to use cash collateral, obtaining debtor-in-possession financing, or approval of related agreements.)

NEW Bankruptcy Rule 6003 (Interim and Final Relief Immediately Following the Commencement of the Case Applications for Employment; Motions for Use, Sale, or Lease of Property; and Motions for Assumption, Assignments, and Rejections of Executory Contracts) (Limits the type of motion and relief that can be granted during the first 20 days of a case.)

Bankruptcy Rule 6006 (Assumption, Rejection or Assignment of an Executory Contract or Unexpired
Lease) (Authorizes use of an omnibus motion to assume, assign, or reject up to 100 multiple executory contracts and unexpired leases in a single motion.)

Bankruptcy Rule 7007.1 (Corporate Ownership Statement) (Clarifies that a party must file a corporate ownership statement with its initial paper filed with the court in an adversary proceeding.)

NEW Bankruptcy Rule 9005.1 (Constitutional Challenge to a Statute—Notice, Certification, and Intervention) (Applies pending Civil Rule 5.1 dealing with notification requirements involving constitutional challenges to a statute—to all proceedings in a bankruptcy case.)

NEW Bankruptcy Rule 9037 (Privacy Protection for Filings Made with the Court) (Addresses privacy and security concerns arising from electronic case filing.)


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

November 9, 2007

Re: Proposed Amendments to Official Bankruptcy Forms

At its September 2007 meeting, the Judicial Conference approved proposed amendments
to Bankruptcy Official Forms 1, 3A, 3B, 4, 5, 6, 7, 10, 16A, 19, 21, 23, and 24. The amendments to the existing Official Forms will be effective on December 1, 2007. Attorneys who utilize petition software for bankruptcy forms should contact their vendors to ensure the amended forms are updated prior to December 1, 2007. Copies of the amended forms are attached. For complete committee notes relating to form changes, go to http://www.uscourts.gov/bkforms/index.html

A summary of the form changes include:

Official Form 1, Voluntary Petition: The ranges for estimated number of creditors, estimated assets, and estimated liabilities would be amended to assist the courts in fulfilling the new statistical reporting requirements of 28 U.S.C.§ 159. A notice is provided advising the attorney that the attorney's signature constitutes a certification that the attorney has no knowledge after an inquiry that the information in the schedules filed with the petition is incorrect.

Official Form 3A, Application and Order to Pay Filing Fee in Installments: Amended to direct the debtor to state that, until the filing fee is paid in full, the debtor will not make any additional payment or transfer any additional property to an attorney or any other person for services in connection with the case.

Official Form 3B, Application for Waiver of Chapter 7 Filing Fee: Fed. R.Bankr. P.1006 adds a new subdivision (c). Official Form 3B is the form referenced in that subdivision, and is to be used by individual chapter 7 debtors when applying for a waiver of the filing fee. A corresponding standard order also is included.

Official Form 4, List of Creditors Holding 20 Largest Unsecured Claims: Amended to require only the initials of a minor and not the full name if a creditor is a minor.

Official Form 5, Involuntary Petition: The form has been amended to delete statistical information about the debtor that no longer is required, and to substitute check boxes similar to those on the voluntary petition form.

Official Form 6, Schedules, including Schedules A through J: Amended to require only the initials of a minor and not the full name. Schedules I and J would include a statement advising debtors that the income and expense amounts on the schedules may differ from the income and expense amounts listed on the means test forms.

Official Form 7, Statement of Financial Affairs: Amended to require only the initials of a minor and not the full name.

Official Form 10, Proof of Claim: Amended to provide more accurate addresses for transmittal of payments and notices, and indicate that a particular proof of claim has been replaced.

Official Form 16A, Caption: Amended to require that the title of the case include all names used by the debtor within the last eight years in conformity with § 727(a)(8).

Official Form 19, Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer: This form is new. It is derived from form 19B and replaces forms 19A and 19B (which forms are abrogated).

Official Form 21, Statement of Social Security Number: A taxpayer who does not have a Social Security number would provide a taxpayer identification number on the form.

Official Form 23, Debtor's Certification of Completion of Instructional Course Concerning Personal Financial Management: Amended to remind the debtor that the form should not be used to file a certification of pre-petition credit counseling.

Official form 24, Certification to Court of Appeals by All Parties: Amended to include a signature line for the appellee and the appellee's attorney.

Amendments to Court Issued Official Bankruptcy Notices (BNC Notices) Official Form B9, Notice of Commencement of Case under the Bankruptcy Code, Meeting of Creditors, and Deadlines: Amended in a variety of ways to implement the provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

Official Form B18, Discharge of Debtor: Amended to require that the title of the case include all names used by the debtor within the eight years prior to the filing of the petition in the case in conformity with § 727(a)(8) as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

November 7, 2007

Re: CM/ECF Release 3.1.6

Essential upgrades need to be made to CM/ECF, consequently the system will not be available November 29, 2007 from 8:00 - 12:00 noon. Service may be restored earlier on the 29th, but it is also possible that the outage may last longer. As soon as the update is complete the U.S. Bankruptcy Court for the District of North Dakota will implement CM/ECF Version 3.1.6. Contact your software vendor to secure the necessary upgrades for your petition preparation software prior to December1st.

Developed primarily to capture more statistical information and address form changes planned for December 1st, most of the changes will be invisible to electronic filers, with the following exceptions:

1. When using the “Open Voluntary BK Case” event, you’ll see that the language on the statistics screen has changed. The “Estimated Debts” label has been changed to “Estimated Liabilities.”

2. The values in the selection lists for these items are changing. Upon implementation of 3.1.6, the values listing will display both the December 1st values
(new values) and the current values. The current values will be displayed in parentheses following each December 1st value in the picklist.

Note: these screen changes will not be visible to users of the Case Upload feature.

3. Change to the Application for Compensation Event In previous versions of CM/ECF, the selection list for the “Type” of professional requesting the fee had a
default of “Accountant.” In 3.1.6, the default is blank, so you must make a selection before proceeding.

Reminder!
Contact your software vendor to secure the necessary upgrades for your petition preparation software prior to December1st.


U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:

September 4, 2007

Re: Proposed Amendments Published for Public Comment

The Judicial Conference Advisory Committees on the Appellate, Bankruptcy, Civil, and Criminal Rules have proposed amendments to federal rules and Official Forms and requested that the proposals be circulated to the bench, bar, and public for comment. The public comment period ends on February 15, 2008. Most of the amendments are proposed in conjunction with the adoption of uniform time-computation rules. The proposed amendments are posted at http://www.uscourts.gov/rules.


 

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