Frank J Ryan

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WILMINGTON DIVISION
IN RE:
FRANK J. RYAN,
Debtor. Case No. 05-09488-8-JRL
Chapter 7
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ORDER
This matter is before the court on the trustee’s objection to the debtor’s claimed exemption in tax
refunds. On February 13, 2006, the court conducted a hearing in Wilmington, North Carolina.
The trustee’s objection is based on the debtor’s claimed exemption in state and federal tax
refunds. On the petition date, the debtor had not filed his state or federal tax returns for 2004. After the
meeting of creditors, the trustee insisted that the debtor file his tax returns. The debtor complied with this
request and sent a copy of the federal return to the trustee. On November 28, 2005, the debtor amended
his schedules and claimed an exemption in the refund proceeds.
Although he filed an amendment to the schedules, debtor’s counsel failed to attach the amended
documents. The only document that could be accessed from the November 28 docket entry (“Docket
Entry 8") was a notice of amendment. The Clerk of Court contacted debtor’s counsel and on November
29, 2005, counsel emailed the amended Schedules B and C to the Clerk. The amended schedules were
added to Docket Entry 8 and a corrective entry notification was entered on the docket dated November
29, 2005.
On November 29, the trustee received an email with his daily summary of electronic filings. The
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email contained a hyperlink to Docket Entry 8 but it did not access the correct documents. On
November 30, the trustee received another daily summary email, which indicated that there had been a
correction to Docket Entry 8. Although there was no hyperlink to the amended schedules, the trustee has
free access to the electronic filing system and could have accessed the schedules at any time.
Rule 4003(b) provides that “[a] party in interest may file an objection to the list of property
claimed as exempt within 30 days after the meeting of creditors held under § 341(a) is concluded or
within 30 days after any amendment to the list or supplemental schedules is filed, whichever is later.” An
amendment is “filed” in this court when the document is electronically transmitted “to the Electronic Case
Filing System,” in a manner consistent with the Local Bankruptcy Rules, “together with the transmission of
a Notice of Electronic Filing from the clerk.” See Local Rule 5005-4(3) (2006).
After failing to attach the amended schedules to his original docket entry, debtor’s counsel
emailed the schedules to the Clerk of Court, as requested. The Clerk attached the amended schedules to
Docket Entry 8, made a corrective entry notification on the docket sheet, and transmitted a “Notice of
Electronic Filing.” The trustee acknowledges that he received an email informing him of the corrective
entry but argues that this email was not a “Notice of Electronic Filing.”
Rule 4003(b) does not require an amendment to be served, but “filed,” in order for the time
period to commence for filing objections. In this case, the initial attempt at filing the amended schedules
was unsuccessful but the trustee received notice of both the initial filing and the corrective entry by email.
These emails constitute a “Notice of Electronic Filing” to the trustee, as the purpose of the daily summary
email is to make the trustee aware of all electronic filings in his cases. Although debtor’s counsel did not
successfully transmit the amended schedules electronically to the filing system, the Clerk of Court
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accomplished this on November 29, 2005. The Local Rules do not prohibit the Clerk from electronically
filing a document on a debtor’s behalf. As the amended schedules were electronically transmitted to the
filing system and a “Notice of Electronic Filing” was generated, the amended schedules were “filed”
pursuant to Rule 5005-4(3).
Based on the foregoing, the court finds that the debtor’s amended schedules were filed on
November 29, 2005. The trustee’s objection to the claimed exemption is untimely as it was filed over 30
days after the amended schedules were filed. Accordingly, the trustee’s objection is time barred by Rule
4003(b).
So Ordered.
Dated: March 13, 2006
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