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REMINDER - Rule 9006(f) Service - "The Mailbox Rule"

Thu, 09/11/2014 - 5:00am

Counsel for a moving party is reminded to consider Rule 9006(f) in computing the time before an affidavit of default, certification of no response, or similar pleading is filed in a case or proceeding in Bankruptcy Court. For example, counsel should not request or propose an order for relief from stay when service was made by mail and no response is made until the 18th day at the earliest. CMECF computes the earliest "last day for response" and it is counsel's responsibility, knowing how service was made, to wait the appropriate time before certifying the absence of a response.