Bankruptcy - Electronic Pleadings in the Federal Courts


Perhaps the era of paper filings are over, at least in the Federal Court System anyway. Traditionally, you or your attorney would created documents known as filings or pleadings, spell check them, collate them and sign them. You then would either need to go to the Courthouse and file them or mail them in.

The Federal Court System has stream-lined the process and in the course of doing so has truly made the pleadings for Bankruptcy uniform. Before you can use the required online filing system you have to register with the Court and, of course, pay a fee. They also, however, have you take a training course. The Federal Court in Boise is very helpful even after you have completed your course. If you have questions you are not alone in cyber-space. There is always a friendly real-time clerk waiting to help you.

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Once you have paid and taken your training you are ready to file Bankruptcy either for yourself or for a client. All the standard pleadings are there for your filling out. This is not only a stream-lined and efficient system but it becomes very green friendly because there are no longer the reams of paper needed just to get into court.

The Bankruptcy rules are the same; you still must meet the means test and you still must qualify for Chapter 7 based upon that test as well as you must follow the "liquidation" steps required by Chapter 7 of the Bankruptcy Code. And, if you fail that test you may qualify for Chapter 11, repayment. Chapter 11 of the Bankruptcy Code allows for those with regular income, and an income that exceeds the means test, to repay their debts over a period of 3-5 years.

Perhaps we could hope that in the near future the State Courts will file follow the example of the Federal Court for a more environmentally friendly Court system.


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