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This guide on the use of distance participation (DP) technology to conduct bankruptcy hearings and trials provides an overview of general considerations, ranging from philosophical to practical, and then examines separately the use of the teleconferencing and videoconferencing. Each district, and indeed each judge, must decide whether to use DP technology, and if so, how to use it. The goals of this guide are to aid in making those decisions, and to encourage the use of DP technology so as to promote access to the courts, make the best use of existing judicial resources, and contain costs while maintaining the quality of court proceedings and compliance with the Federal Rules of Bankruptcy Procedure, the Federal Rules of Evidence, and other legal authority. Its suggestions are based on the varied experiences of bankruptcy judges and clerks of court around the country.
This guide was prepared at the request of the Judicial Conference of the United States Committee on the Administration of the Bankruptcy System. The guide builds on a 2005 FJC Roundtable and Report and reflects technological advances and the courts’ increased experience with DP technology.
PDFs of the guide and appendices are below. Appendix B: Sample Case-Management Orders is a separate webpage.
Section 923 of the Bankruptcy Code requires notice of (1) the commencement of the case, (2) an order for relief, and (3) any dismissal of the case. Section 923 further provides that such notice shall be given by publication “at least once a week for three successive weeks in at least one newspaper of general circulation within the district in which the case is commenced, and in such other newspaper having general circulation among bond dealers and holders as the court designates.”
This section includes the “Notice of the Commencement of the Case” from a variety of cases. That notice generally also includes the notice of the automatic stay and notice of the time for filing objections to the petition. It also may include notice and procedure related to other matters, such as the filing of proofs of claim and motion and hearing procedures.
This page also includes documents related to the required publication of notices and the use of websites for noticing purposes.
Notice and Websites is one of several Chapter 9 Online Repository categories.