Are CM/ECF courts fulfilling the intent of BR 1007(I) by providing an electronic copy of petitions, lists, schedules etc.?
Providing the access to the documents granted to parties free of charge through the CM/ECF system can satisfy the requirement that a copy be transmitted to the U.S. Trustee. With the CM/ECF system, an e-mail is transmitted to the U.S. Trustee with a link to the document. Since most courts require CM/ECF participants to agree to accept e-mail notification with a link to the document as electronic service, the U. S. Trustee agrees to accept this method electronic service when signing up for CM/ECF. Bankruptcy Rule 5005(a)(2) states that an electronically filed document “constitutes a written paper,” so it is clear that the electronic version is a “copy” that satisfies Bankruptcy Rules 1002(b) and 1007(l). The word “transmit” was chosen deliberately, in consultation with the Director of the Executive Office for U.S. Trustees, to permit the clerk and parties to use delivery methods other than those authorized for effecting “service” when providing documents to the U. S. Trustee. Theoretica
