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DELAWARE PARALEGAL ASSOCIATION

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UNITED STATES BANKRUPTCY COURT

August 17, 2020 11:31 AM | Anonymous member (Administrator)

ORDER REGARDING SERVICE PURSUANT TO DEL. BANKR. L.R. 5005-4 and 9036-1

WHEREAS, effective February 1, 2020, Rules 5005-4(c) and 9036-1(b) of the Local Rules of Bankruptcy Practice and Procedure (“Local Rules”) of this Court were amended to provide that service on registered CM/ECF users will be made through the CM/ECF system, and on any other person by electronic means as may be consented to in writing; and

WHEREAS, in chapter 11 and chapter 15 cases Local Rule 9036-1(b) requires that a courtesy copy of the document served through the CM/ECF system (or other electronic means as consented to in writing) must be delivered to certain parties by email, other electronic form or by hard copy via first class or other mail or delivery; and

WHEREAS, the Court, parties and counsel for parties continue to be subject to restrictions related to the COVID-19 pandemic, including limited access to regular places of business; and

WHEREAS, parties and counsel for parties still may be receiving the courtesy copy of documents served through the CM/ECF system in hard copy via first class or other mail or delivery, notwithstanding that Local Rule 9036-1(b) allows for the courtesy copy to be delivered via email or other electronic form; and

WHEREAS, in light of current circumstances, the Court wants to encourage filing parties to deliver the courtesy copy provided for under Local Rule 9036-1(b) only via email or other electronic means, and not to deliver a courtesy hard copy via first class or other mail or delivery.

NOW, THEREFORE, it is hereby ORDERED as follows:

1. This Order is effective as of August 14, 2020.

2. Consistent with Local Rule 9036-1(b), the Court directs that filing parties cause the courtesy copy provided under Rule 9036-1(b) to be delivered via email or other electronic means, and not to deliver a courtesy hard copy via first class or other mail or other delivery.

3. For the avoidance of doubt (if any), delivery via email or other electronic means of the courtesy copy provided under Local Rule 9036-1(b) to co-counsel of a registered CM/ECF user service satisfies the requirements of Local Rule 9036-1(b), and, as with registered CM/ECF users, the Court directs that filing parties cause the courtesy copy only to be delivered to such co-counsel via email or other electronic means.

4. Parties that submit orders that list parties on whom objections should be served should not state in such order that service should be made by hard copy via first class or other mail or other delivery and, to avoid confusion, should not list a physical mailing address.

5. As provided in Local Rule 5005-4(c)(iv), all CM/ECF registered users are required to maintain an active email address and each user has a duty to update promptly his or her account information on the CM/ECF system whenever there is a change in the user’s primary or secondary email address.

6. For the benefit of filers, email address information is available within the CM/ECF system, including under either of the “Attorney” or “Party” queries within the list of queries displayed for a particular case, or by request to counsel of record for the debtor or the debtor’s appointed claims agent.

7. For the avoidance of doubt (if any), this Order does not apply to any pleading or other paper required to be served in accordance with Fed. R. Bankr. P. 7004 or as provided in Local Rule 5005-4(c)(iii).

8. This Order shall remain in effect until amended or vacated by the Court.

Dated: August 14, 2020

CHRISTOPHER S. SONTCHI

CHIEF UNITED STATES BANKRUPTCY JUDGE

http://www.deb.uscourts.gov/sites/default/files/news/Standing%20Order%20(9036-1(b)).pdf

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