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ORDER TEMPORARILY AUTHORIZING THE CLERK OF THE BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN TO ACCEPT DOCUMENTS FOR FILING BY EMAIL FROM UNREPRESENTED DEBTORS

On January 31, 2020, the Secretary of Health and Human Services declared a public health emergency in response to the COVID-19 outbreak. On March 11, the World Health Organization declared COVID-19 a pandemic. On March 13, the President declared that the outbreak of COVID-19 in the United States constitutes a national emergency, and the District Court for the Eastern District of Wisconsin entered a general order limiting its operations in response to the public health emergency. On March 23, 2020, the District Court ordered the United States Courthouse in Milwaukee temporarily closed to the public for most purposes. On March 24, 2020, Andrea Palm, Secretary-Designee, Department of Health Services, State of Wisconsin, signed an order commanding that "All individuals present within the State of Wisconsin are ordered to stay at home or at their place of residence," subject to certain exceptions.

The Bankruptcy Court for the Eastern District of Wisconsin will continue to accept paper filings by mail and via the external drop box on the east side of the Courthouse. The external drop box is located at the 617 North Jackson Street entrance to the Courthouse.

By local rule the Bankruptcy Court does not accept requests to file documents by email. See Local Rule 5005.2. Those rules also provide, however, that the "court may waive or modify" them as necessary under the circumstances. See Local Rule 9029.1. Due to the public health concerns raised by COVID-19, the court hereby directs the Clerk of the Bankruptcy Court to temporarily accept documents from unrepresented individual debtors by email as follows:

  1. The Clerk is temporarily authorized to accept documents for filing by email from unrepresented individual debtors who do not have access to CM/ECF subject to the conditions stated in this general order. This authorization does not apply to creditors, attorneys or parties who are represented by attorneys, or to corporations or other legal entities who must appear through counsel; those persons must file documents electronically through CM/ECF as required by Local Rule 5005(a).
  2. To be allowed to file a document by email, an individual debtor must have and use their own email address. Individuals are not allowed to submit documents for filing from email addresses that are not their own or that they do not regularly monitor.
  3. If a debtor submits documents to the Clerk for filing by email, that debtor is explicitly agreeing to receive electronic notice to their email account of all notices and orders filed in the case as permitted by Federal Rule of Bankruptcy Procedure 9036. It is the filer's responsibility to monitor their email account and keep their email address current. 4. Individuals filing bankruptcy petitions by email must, at the same time and in the same email, also:
    1. If filing under chapter 7, file either Official Form B 103A (Application for Individuals to Pay the Filing Fee in Installments) or Form B 103B (Application to Have the Chapter 7 Filing Fee Waived).
    2. If filing under chapter 11, 12 or 13, file Official Form B 103A (Application for Individuals to Pay the Filing Fee in Installments).
  4. The Clerk of the Bankruptcy Court is authorized to enter detailed instructions regarding how filing by email will be accomplished under this Order.
  5. This temporary authorization continues until superseded by a subsequent order.

IT IS SO ORDERED

Dated: March 27, 2020