Richards Layton & Finger
 

Delaware District Court 6:00 p.m. Filing Deadline Does Not Apply to Filings in the Delaware Bankruptcy Court

October 16, 2014

On October 15, 2014, the Delaware Bankruptcy Court confirmed that the Delaware District Court’s new 6:00 p.m. Eastern Time filing deadline does not apply to filings in the Delaware Bankruptcy Court and that the Bankruptcy Court’s Local Rules and related procedures remain in full force and effect. However, the District Court’s new filing procedures do apply to bankruptcy appeals and any other bankruptcy-related cases to the extent those cases are on the District Court’s docket.

The Delaware District Court’s new filing procedures provide that all electronic transmissions of documents (including, but not limited to, motions, briefs, appendices and discovery responses) must be completed by 6:00 p.m. Eastern Time, and all electronic transmissions of initial pleadings must be completed prior to midnight Eastern Time, in order to be considered timely filed that day. Parties are not permitted to alter these deadlines. While the individual judges of the District Court have the discretion to modify these new deadlines, they have agreed that any such discretion will be exercised rarely (and if at all, most likely during trial).

The District Court’s new filing procedures are effective today, October 16, 2014. As noted above, however, these procedures do not apply to filings in the Delaware Bankruptcy Court. Please feel free to contact one of the Directors in our bankruptcy group if you have any question regarding these issues.