Inner Workings - District of Rhode Island
Contents
1. These training modules can be heard via audio while working on other assignments and or tasks If you are more of a visual learner these training modules will also show you step by step instructions ensuring the documents you wish to file are filed using the correct event The training modules can be found on the courts website www rib uscourts gov Simply hover over the For Attorneys tab and select Bankruptcy Resources amp Manuals from the drop down list Click on Registration and Training link located on the left side of the screen IND e PLEASE BE RESPECTFUL OF YOUR CLIENTS TIME Page 9 Upcoming Training on Federal Rule and Form Amendments Effective December 1 2014 to be Held on December 17 2014 by Amy Geraghty Seale Operations Supervisor In light of the extensive changes to the Federal Rules on Bankruptcy Procedure appeal process the Bankruptcy Court along with Molly Sharon Clerk of the Bankruptcy Appellate Panel will be conducting a joint training for the bar on December 17 2014 at 11 00 a m immediately following the motion calendar Training will focus on the Bankruptcy Court s procedural and local rule changes as well as the Bankruptcy Appellate Panel s local rule changes in response to the upcoming federal rule amendments In addition written training materials on these appellate changes will also be made available to the bar Summary of Federal Bankruptcy Rule Amendments Effective2. Motion to Dismiss Case Motion to Dismiss Case Motion to Dismiss Case for Failure to Make Plan Payments Motion for Exemption from Credit Counseling Motion for Exemption from Credit Motion for Exemption from Means Test Counseling Means Test Financial Mngmt Motion for Exemption from Financial Mngmt Course Motion to Reopen 7 13 Case Motion for Sanctions Motion for Sanctions Motion for Sanctions under USC 28 section 1927 Motion for Sanctions for Debtor s Attorney Motion for Sanctions for Violation of the Automatic Stay Motion for Sanctions for Violation of the Discharge Motion to Sell Motion to Sell Motion to Sell Free amp Clear of Liens Notification of Court Closing Due to Inclement Weather by Janet Descoteaux Public Information Specialist Winter is just around the corner and snowy days will be upon us soon Remember that there are are several ways for the public to check if the clerk s office is closed due to inclement weather Notices are posted on both the court s website as well as on our Facebook page This is another great reason to LIKE us on Facebook In addition we post to the state wide broadcaster s site which sends this information to all of the television and radio stations Our telephone system is also updated to inform callers of closings or delayed openings including any changes in the court calendar Lastly if you are a registered electronic filer you will automatically receive an email notice issued by t
3. presumption favoring the electronic transmission filing and service of court documents and to adopt a clearer style Existing rules were reorganized and renumbered some rules were combined and provisions of other rules were moved to new locations Much of the language of the existing rules was restyled Rule 9023 New Trials Amended to include a cross reference to Rule 8008 which governs Indicative Amendment of Rules Judgments amended Rule 9024 Relief from Amended to include a cross reference to Rule 8008 which governs Indicative Judgment or Order Rules amended Page 10 A CLR LL A if es Wr Prev Yr M om me Prev Yr Month Period Ending Sep 3 Page 11 Ch 13 Case Filings for 12 Month Period Ending Sep 30th P T mparison of Filings for 12 Month Period Ending sep 30th All Chapters g fromm Pr s Yr Page 12 10 51 Sal Cai L or Janet_Descoteaux rib uscourts gov
4. were recognized by you and their co workers as having provided exceptional service during the last year Holly D Agostino Jody Venuti Steve Stricklett and Pam Ricciarelli Thank you to everyone that took a minute to submit a nomination Your kind words were directed to each staff and they were most appreciative Judge Finkle was this year s Pell Award recipient recognizing her commitment to public service In addition to her continued commitment to the Loss Mitigation program Judge Finkle participated in the following educational programs American Bankruptcy Institute NE Consumer Bankruptcy Conference Massachusetts MCLE Annual NE Bankruptcy Conference and the RI Annual Bar Association Meeting Each year one person is selected by the staff to receive the Court s Sustained Superior Performance award You may have seen this year s recipient in the courtroom recording proceedings or you may have spoken with him on the phone for technical support Steve Stricklett has served as the Automation Specialist for the past eleven years Whenever staff have computer problems or when there is a hiccup with ECF Steve is the person who makes things right He never loses his patience even when it s user error In fact Steve smiles and says no problem it s not an issue As one person said could not do my job without Steve being just a phone call or an IM away Congratulations Steve 1 No I will not be attempting to brea
5. work distribution case managers would not know who was doing what work Additionally since many of our cases pend for many years it is very helpful for the same case manager to handle the case from start to finish as they are aware of the case history case parties the numerous pending matters that may impact each other and the case status The court receives several thousand cases a year and has several thousand pending cases at any one time and having staff who are familiar with the specific details of certain cases particularly chapter 13 and 11 cases is invaluable to managing an accurate case management system Page 6 Simplification of ECF Events by Gail Kelleher Several months ago a customer service survey was sent to the most frequent users of the Court s electronic filing system ECF Many worthwhile suggestions were submitted including an observation made by several users regarding the sheer number of events from which to choose Asmall committee has been working to address this problem by combining similar events and adding conditional logic so that screens display correctly based on user input during filing A few duplicative events were archived as well and will no longer appear in the pick list If you have suggestions regarding other events that would be suitable for combining please contact Jody Venuti rib uscourts gov 401 626 3145 To date the following events have been combined into a single event prompts have been adde
6. December 1 2014 Proposed Federal Rule Amendment Rule 1014 b Dismissal Subdivision b proceedings in subsequently filed cases are stayed only upon and Change of Venue order of the court in which the first filed petition is pending amended Expands the list of persons entitled to receive notice of the motion in the first court Rule 7004 e Process Subdivision e amended to shorten the time to serve a summons from 14 to 7 Service of Summons days after issuance Complaint amended Generally these rules change the procedure for seeking attorney s fees In bankruptcy proceedings aligning them closer to the Civil Rules Rule 7008 b General Rules of Pleading Subdivision b is deleted This section required a request for attorney s fees amended always to be pleaded as a claim in an allowed pleading Rule 7054 Judgments Subdivision b amended to included much of the substance of Rule 54 d 2 Costs amended which sets out the procedures for seeking an award of attorney s fees See proposed new R I Local Rule 7054 1 Rules 8001 8028 Appeals Part VIII of the Bankruptcy Rules are the products of a comprehensive revision of the rules governing bankruptcy appeals to district courts bankruptcy appellate panels and with respect to some procedures courts of appeals They result from a multi year project to bring the bankruptcy appellate rules into closer alignment with the Federal Rules of Appellate Procedure to incorporate a
7. Volume 15 Issue 3 NAHE IN THIS ISSUE Inner Workings by Susan M Thurston Page 1 Recent Court Opinions by Catherine Thomas Jonathan Pincince and Keith Phillis Page 3 Additional Technology for Customers by Steve Stricklett and Kristen Batty Page 3 20th Annual Employee Recognition Ceremony by Gail Kelleher Page 4 We Heard You Q amp A from Recent Customer Service Survey by Susan Thurston Page 5 Simplification of ECF Events by Gail Kelleher Page 7 Tips amp Tricks by Dina Fortes Page 9 Federal Rule amp Form Amendments by Amy Geraghty Seale Page 10 Case Filing Statistics by Gail Kelleher Page 11 October 2014 By Susan M Thurston Clerk of Court Its hard to believe that it is already October with summer just a sweet memory gone by October 1 was also the commencement of the Court s fiscal year and although our case filings have been on the decline we are grateful to have finished FY14 without having to further reduce staff After six months of contractors renovating our court space we are delighted that the construction project is finally complete and we hope you all enjoy the updated lighting and ceilingsthatbrighten up the library and rooms surrounding the courtroom We also added some new bankruptcy artwork and scenes of Rhode Island in our public spaces so please take a few minutes to study the Bankruptcy Timeline outside the courtroom see page 2 for image and the vari
8. d to address various scenarios Note if the original event offered the option of text only or required a fee the new combined event provides the same text only option or fee screen Original Events Combined Event Chapter 13 Installment Payment for efiled case Ch 7 13 Installment Payment for efiled case Chapter 7 Installment Payment for efiled case Request for Notice Request for Notice Request for Notice Text Only Notice of Appearance amp Request for Notice Notice of Appearance amp Request for Notice Notice of Appearance amp Request for Notice Text Only Notice of Appearance on Behalf of Debtors Motion to Substitute Attorney Withdrawal of Document Withdrawal Document Text Only Withdrawal of Claim Text Only Motion to Disallow Claim Response Amended Application Amended Application Motion Amended Motion Amended Motion for Relief From Stay Application for Final Compensation Application for Final Interim Compensation Application for Interim Compensation Motion to Appoint Examiner Motion to Appoint Motion to Appoint Trustee Motion to Appoint Creditors Committee Page 7 Motion to Approve Compromise Under Rule 9019 Approve Compromise 9019 Compromise Motion Application to Compromise Controversy Controversy Motion to Bifurcate Chapter 7 Case Motion to Bifurcate Motion to Bifurcate Chapter 11 Case Motion to Bifurcate Chapter 13 Case Motion to Borrow Motion to Borrow Motion to Borrow 364
9. der and proceed with the additional screen prompts There is also a shortcut bar under the menu tabs which includes links to our website local rules helpdesk captivate training modules and attorney user manual When filing a Motion to Reconsider be sure to include LBR 1005 1 d language seven 7 objection deadline should be included within the language unless the Motion to Reconsider is being filed in regards to missing documents The language should read as follows Within seven 7 days after service as evidenced by the certification and an additional three 3 days pursuant to Fed R Bank P 9006 f if served by mail any party against whom such paper has been served or any other party who objects to the relief sought shall serve and file an objection or other appropriate response to said paper with the Bankruptcy Court Clerk s Office 380 Westminster Street 6th Floor Providence RI 02903 401 626 3100 If no objection or other response is timely filed the paper will be deemed unopposed and will be granted unless 1 the requested relief is forbidden by law 2 the requested relief is against public policy or 3 in the opinion of the Court the interest of justice requires otherwise Are there times when you don t know how to file a certain document OR ask Which event should be used The court has training modules with step by step instruction on how documents should be filed within specific events
10. e courtroom waiting area this iPad is set up with ECF Mobile Query which provides an easy to use interface to access ECF Directions are posted directly above the iPad Please take a look and try them out if you d like If you need any assistance please ask one of the clerk s in the Clerk s Office Page 3 20th Annual Employee Recognition Ceremony by Gail Kelleher Chief Deputy Clerk The Court celebrated the end of another year of its service to the public and recognized the individual contributions of staff members Highlights of some of the exceptional work performed included implementation of e eFIN amp ePOC these two programs allow non registered ECF users to file Financial Management Completion certificates and Proofs of Claim electronically with the Court e Gov Delivery this communication platform allows subscribers to choose more specifically what information they wish to receive by email e Improved Captivate training modules new modules were included to assist ECF users and all modules now include voice over instructions Several staff reached longevity milestones Case Manager Dina Fortes amp Public Information Specialist Janet Descoteaux each completed their fifth year of service Case Managers Carolyn Sweeney and Christine Lanni each completed twenty years of service and Chief Deputy Gail Kelleher completed her 35 year with the Court Customer Service is a priority of the Court these staff
11. ed with a question as to whether the motion refers to obtaining credit under Section 364 or not Depending on how you answer will determine what the rest of the event will do If you ansswer yes to the 364 question the event will add specific language to the final docket text and a statistical record will be sent to the Administrative Office because the AO collects data when a Motion to Borrow references Section 364 only However there are some events that continue to require separation because of when they might be used e Seal Motion to and Sealed Motion are separate events because one relates to sealing something already on the docket and the other refers to sealing the motion about to be filed For further information see Simplification of Events article on page 8 There is also a search feature available to help Search results for avold BOIERII locate the proper event by clicking on the Search tab 2 events found in the blue bar within ECF and typing in what you want to file you will be presented with a display that includes Bankruptcy Events Motisos Applications links to where the event is located This can save you some time Question Comment 2 Why is it so difficult to locate credit counseling agencies on the court website Answer 2 Since the approval of credit counseling agencies is managed by the Office of the United States Trustee not by the Bankruptcy Court the court s website links to the US Trustee si
12. he court if our opening status changes However in the event of a court closing you can continue to file documents through the Court s Electronic Case Filing system Even when the Clerk s office is closed for inclement weather the majority of our staff telework so we are able to continue to review document filings and respond to email inquiries Page 8 Tips and Tricks by Dina Fortes Case Manager If you are having email issues or you think you may have missed a Notice of Electronic filing you can check the Notices that were sent to you via ECF by running a Summary Report from the Reports tab in ECF If you need to change an email address within your ECF account you go to the Utilities page and under Your Account select Maintain your ECF account select the Email Information tab make your changes and select return to account screen and click submit If you need any assistance doing this please contact the court We will be more than happy to assist you Remember that ECF has a comprehensive search feature to assist users in querying topics such as finding correct events to file documents Simply click on the Search tab located on the blue menu bar in ECF This will bring up the search menus and events box type in the name of the event to be queried a screen will appear displaying all events relating to the specific topic Select the appropriate event for which the document will be filed un
13. k Judge Votolatos record of 44 years of service I ll be retiring effective January 2 2015 Page 4 We Heard You Q and A from Recent Attorney Customer Service Survey by Susan Thurston Clerk of Court Recently the Clerk s office conducted a survey of our most frequent attorney filers to provide us feedback on the use of our website and customer service Below are answers to the questions comments posed by the participating Bar members from the survey Question Comment 1 Why so many ECF events Attorney comments It sometimes seems that the number of events in the cm ecf system is exceedingly large and not very intuitive as to where to find certain events leading to wasted time as you hunt for what you want or try and determine if it s the closest event to what you are actually filing Some of the events are redundant e Objection to Claim vs Motion to Disallow Claim which can be confusing Answer 1 We agree There are instances in the ECF database where it is confusing to know which event to use particularly as some seem to be the same In response we have gone through our list of events and simplified many of them by combining them and adding questions within the event if necessary to refine what separate information might need to be identified for further case processing For example We consolidated the Motion to Borrow with the Motion to Borrow under Section 364 events By using the Motion to Borrow event you will be present
14. ontain hyperlinks to associated topics rule and form references and related websites would like to thank three of our court staff Gail Kelleher Amy Seale and Janet Descoteaux who worked together as a team to not only update the content and incorporate cross references and hyperlinks but who also took on the challenge of learning a new software application Flare in order to present the information in a user friendly easy to navigate format Lastly please remember to sign up for our social media communication systems email Facebook and Twitter While we try to limit how many emails we distribute we use Twitter to send out reminders of upcoming changes and also recent circuit opinions that cover bankruptcy topics If you follow other bankruptcy feeds on Twitter consider adding our court to your list You Welcome New Law Clerk New Artwork Outside of the Courtroom The Evolution of U S Bankruptcy Law Timeline n omms m eoma mee es gt oe _ ms 4 P E E y Ba i a L Ca pakis CE ae oom ER _ me a ie a cab PL 2 m ame Ea pm a a pu a i ra a d D FL FETE En Fr I pa 1 un 3 e 3 a Eu ois Er 4 pa nos y z by 6 a J mie EL a L E i r al Ta i re D 5 e ia M a E Page 2 Recent Court Opinions by Catherine Thomas Law Clerk Jonathan Pincince Law Cle
15. ous Bankruptcy Chapter Flow Charts in the Attorney Conference room You might learn something new In addition you may notice a new iPad system set up in the courtroom corridor for attorneys to easily look up case filing information through the ECF Query feature See page 3 for a more in depth discussion of this new court service Recently we added a new Contact Us link to our website to describe the many ways to obtain information from the Court CONTACT US ROZ By clicking on this icon a new page opens providing links to reach the Clerk s office staff either in person by phone or via the internet including our Live Chat feature encourage you to visit this page and share it with your staff so that we may provide the method of customer service that best suits your needs CONTACT US continued on page 2 Inner Workings can find us at https twitter com USBCDRI1 continued from page 1 Please feel free to email me at Susan_ Thurston rib uscourts gov with any concerns or As mentioned in our June newsletter we suggestions for improving the Bankruptcy Court have been working to improve our on line attorney resources with updated court practice and electronic filing procedures I m am very pleased to announce that these updated resources a new Attorney_Handbook and Electronic Filer User Manual are now posted on the Attorney Resource page For Attorneys gt Bankruptcy Resources and Manuals and c
16. pond to the trustee s objection to the claim In re Lanois BK No 13 13070 Sep 10 2014 Chapter 13 The Court overruled an objection to plan confirmation made by the mortgagee of the debtor s real property a multifamily dwelling that served as both the debtor s principal residence and as income producing rental property The mortgagee objected to the plan because it did not provide for the continued payment of private mortgage insurance to which the mortgagee argued it was entitled under the terms of the mortgage The Court concluded however that omitting private mortgage insurance from mortgage payments was not in contravention of the anti modification provision of 11 U S C 1322 b 2 because that section does not bar modification of a secured claim on a multifamily dwelling where the security interest extends to the income producing units Additional Technology for Our Customers by Steve Stricklett and Kristen Batty The Bankruptcy Court is pleased to offer 2 Pads for customer use One Pad is set up in the Clerk s Office Intake Area this iPad is set to the Google Translate application in order to increase customer service to those needing translation services Customers are able to speak type or write in their native language for a complete translation Simply pass the iPad back and forth to the clerk for your answer in any one of 80 offered languages a L The second iPad is located in th
17. rk and Keith Phillis Chambers Intern Here is a short digest of some noteworthy opinions of the Court As always opinions are available on the Courts website at http www rib uscourts gov q judges info opinions Taylor v Calise A P No 12 01052 In re Calise BK No 12 12948 July 9 2014 Chapter 7 After a non jury trial on the plaintiffs claims under 11 U S C 88 523 a 2 A and 523 a 4 the Court concluded the defendant s debt to the plaintiff was nondischargeable pursuant to S 523 a 2 A because the plaintiff proved by a preponderance of the evidence that the debt was for money obtained by a false representation with the intent to deceive The Court also concluded the debt was not nondischargeable pursuant to 523 a 4 because the plaintiff did not prove by a preponderance of the evidence that the defendant intended to wrongfully and permanently deprive the plaintiff of the money In re DiRuzzo BK No 08 12571 July 24 2014 Chapter 13 The Court granted in part and denied in part the Chapter 13 trustee s motion for turnover of funds paid to a creditor for five years under a Chapter 13 plan where the creditor had not filed a proof of claim before the claims bar date the plan confirmation order had provided for the allowance of the creditor s claim as an unsecured claim and the Court after plan confirmation had sustained the trustee s objection to the creditor s claim as untimely when the creditor did not res
18. side in a link to the actual list of forms broken down by type and why are rules and forms separate drop down submenus when clicking one puts you on a page with both rules and forms on that side menu If you are only going to get a list of other links then why have the drop down submenu at all just do a rules and forms tab which drops you to the page that has all of it anyway instead of pretending each part of the drop down menu will take you somewhere different Answer 4 Weagree This site was built several years ago and was not designed with the best use of menus and submenus and side panels We have a team working on re organizing the site and fixing the menu options so that you do not need to open unnecessary pages or click extra links We understand your frustration and are working to have the site updated in FY 15 Question Comment 5 Are case managers really assigned to a specific number of cases Ending in specified digits Is it antiquated to have them still assigned to certain cases don t see the benefit from the user side but there may be from your side Answer 5 Yes case managers are assigned their work based on assigned case numbers ending in specific digits This works for a number of reasons The case managers run daily reports based on their case numbers to identify which of their cases have new filings that need to be reviewed and to run deadline reports for sending matters into chambers or taking action Without some form of
19. te for access to this information Unfortunately as the list of approved agencies changes frequently it is not possible for the Court to maintain a separate list of these agencies However a direct link to the Rhode Island approved agencies posted by the US Trustee is available on our credit counseling page found under Filing Without an Attorney gt Before You File gt Credit Counseling Attorneys might consider bookmarking this page so they can forward the list of Rhode Island agencies to their clients We are in the process of updating our website and will work to improve the placement of the credit counseling link information Question Comment 3 Could there be a more direct and accessible link to docket information The case information link takes the user to the PACER website There is no need for that link for CM ECF filers Page 5 A direct link to a sign in screen for docket information would be a great addition Answer 3 The direct link for docket information is posted on the top left hand section of the Home page of the website It is called E Filing CM ECF and appears just under the Pacer link Welone lo tbe oficial solii for thee Label FRET gt T A E F 7 TULA States Bankruptcy Court for the District of Rhode Llane Question Comment 4 The website navigation needs improvement The rules and forms section provides an example Click forms and you dont get the forms or even the links right in front of you but off to the
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