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Update on the EFD (Electronic Filing Declaration)
I would prefer the EFD for the initial petition and do away with it for everything else
Sent from my iPhone
On Dec 13, 2016, at 6:14 PM, Nicholas Gebelt ngebelt@gebeltlaw.com [cdcbaa] wrote:
Do I understand this change correctly to be that instead of filing one signed document the electronic filing declaration we will now have to file 14 signed documents? I may be missing something, but Im not seeing this as an improvement.
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@
The post was migrated from Yahoo.
I was going to ask the same thing. This sounds to me like a way to
expedite emergency filings, but nothing else. As I pointed out when
input was being sought on this topic, I think the ECF Declaration
should either be used, or not. We are the only district, at least
in California, that requires it. It's not really a big deal...you
have to get your clients to sign all the other signature pages
before filing the case, so one more doesn't matter, and you just
have to attach it to the petition, which takes about 5 seconds. 30
if you include scanning it.
Maybe I'm missing something too...
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On 12/13/2016 6:13 PM, Nicholas Gebelt ngebelt@gebeltlaw.com
[cdcbaa] wrote:
>
>
> Do I understand this change correctly to be that instead of filing
> one signed document ― the electronic filing declaration ― we will
> now have to file 14 signed documents? I may be missing something,
> but I’m not seeing this as an improvement.
>
> */Nicholas Gebelt/*
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist – State Bar of California
> Board of Legal Specialization
>
> Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
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>
> Email: ngebelt@goodbye2debt.com ;
> ngebelt@MyTaxDebtResolution.com
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> *From:*cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Tuesday, December 13, 2016 3:44 PM
> *To:* 'cdcbaa@yahoogroups.com'
> *Subject:* RE: [cdcbaa] Update on the EFD (Electronic Filing
> Declaration)
>
> Keith:
>
> Thanks for this news. Two points:
>
> 1)Will the EFD still be used for case commencement, or replaced by
> the filing of the 14 signature pages?
>
> 2)The Court Manual (at Section 3.4(a)(4)) requires the attorney to
> maintain the executed original of the e-filed document for _five_
> years after the closing of the case or adversary proceeding.
>
> Jim
>
> James R. Selth
> Certified Bankruptcy Specialist*
> Weintraub & Selth, APC
> 11766 Wilshire Boulevard, Suite 1170
> Los Angeles, California 90025
> Telephone: (310) 207-1494
> Facsimile: (310) 442-0660
> E-Mail: jim@wsrlaw.net
> Web: www.wsbankruptcylaw.com
>
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> Specialist in Bankruptcy Law
>
> Commissioner, Bankruptcy Law Advisory Commission, State Bar of
> California.
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> *From:*cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Tuesday, December 13, 2016 6:56 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Update on the EFD (Electronic Filing Declaration)
>
> Dear Colleagues!
>
> As your /cdcbaa's/ representative on the Bar Advisory Board
> ("BABs"), I can report the following:
>
> The official discussion of the electronic filing declaration
> ("EFD") took place at our meeting yesterday. It appears that our
> input was heard and that the Court will be looking to implement
> the following:
>
> 1. Filing the petition, schedules and commencement documents
> without the EFD.
>
> 2. Within 72 hours filing in a separate filing all 14 signature pages.
>
> 3. Banning the use of the EFD for all post commencement filing
> documents.
>
> NOTE:
>
> 1. This does NOT affect the atty's use of the /s/.
>
> 2. This does NOT affect the use of fax signatures.
>
> 3. This does NOT affect the requirement that attys keep the "wet"
> signatures in our paper files for 3 years.
>
> Judge Barish will be shepharding this effort through the Judges'
> Case Commencement Committee (to be chaired by Judge Clarkson
> beginning January 2017) and then through the Judges' Rules
> Committee as chaired by Judge Bason. The Court Manual will be
> amended to achieve this effort. Should go into effect by early
> Spring 2017.
>
> /Keith Higginbotham/
> cdcbaacheck@aol.com
>
>
>
>
The post was migrated from Yahoo.
Dear Colleagues!
As your cdcbaa's representative on the Bar Advisory Board ("BABs"), I can report the following:
The official discussion of the electronic filing declaration ("EFD") took place at our meeting yesterday. It appears that our input was heard and that the Court will be looking to implement the following:
1. Filing the petition, schedules and commencement documents without the EFD.
2. Within 72 hours filing in a separate filing all 14 signature pages.
3. Banning the use of the EFD for all post commencement filing documents.
NOTE:
1. This does NOT affect the atty's use of the /s/.
2. This does NOT affect the use of fax signatures.
3. This does NOT affect the requirement that attys keep the "wet" signatures in our paper files for 3 years.
Judge Barish will be shepharding this effort through the Judges' Case Commencement Committee (to be chaired by Judge Clarkson beginning January 2017) and then through the Judges' Rules Committee as chaired by Judge Bason. The Court Manual will be amended to achieve this effort. Should go into effect by early Spring 2017.
Keith Higginbotham
cdcbaacheck@aol.com
Dear Colleagues!
As your cdcbaa's representative on the Bar Advisory Board ("BABs"), I can report the following:
The official discussion of the electronic filing declaration ("EFD") took place at our meeting yesterday. It appears that our input was heard and that the Court will be looking to implement the following:
1. Filing the petition, schedules and commencement documents without the EFD.
2. Within 72 hours filing in a separate filing all 14 signature pages.
3. Banning the use of the EFD for all post commencement filing documents.
NOTE:
1. This does NOT affect the atty's use of the /s/.
2. This does NOT affect the use of fax signatures.
3. This does NOT affect the requirement that attys keep the "wet" signatures in our paper files for 3 years.
Judge Barish will be shepharding this effort through the Judges' Case Commencement Committee (to be chaired by Judge Clarkson beginning January 2017) and then through the Judges' Rules Committee as chaired by Judge Bason. The Court Manual will be amended to achieve this effort. Should go into effect by early Spring 2017.
Keith Higginbotham
cdcbaacheck@aol.com
The post was migrated from Yahoo.