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DELAWARE PARALEGAL ASSOCIATION

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  • April 01, 2021 1:56 PM | Anonymous member (Administrator)

    FROM THE DELAWARE JUDICIARY: 

    CHIEF JUSTICE EXTENDS JUDICIAL EMERGENCY TO MAY 3RD.....LEARN MORE



  • March 29, 2021 1:43 PM | Anonymous member (Administrator)

    THE FOLLOWING JURISDICTIONS WILL BE CLOSED ON FRIDAY,  APRIL 2ND IN OBSERVANCE OF GOOD FRIDAY: 

    DELAWARE STATE COURTS*
    DELAWARE FEDERAL COURTS
    NEW CASTLE COUNTY OFFICES
    KENT COUNTY OFFICES
    SUSSEX COUNTY OFFICES 

    *JP COURTS #11, #7, & #3 WILL REMAIN OPEN


  • March 29, 2021 1:41 PM | Anonymous member (Administrator)

    March 29, 2021

    PUBLIC NOTICE FOR REAPPOINTMENT OF BANKRUPTCY JUDGE

    The current 14-year term of office for U.S. Bankruptcy Judge Kathryn C. Ferguson for the District of New Jersey is due to expire on November 9, 2021. The United States Court of Appeals for the Third Circuit is considering the reappointment to a new 14-year term of office. Upon reappointment, the incumbent would continue to exercise the jurisdiction of a bankruptcy judge as specified in Title 28, United States Code; Title 11, United States Code; and the Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub. L. No. 98-353, §§ 101- 122, 98 Stat. 333-346. In bankruptcy cases and proceedings referred by the district court, the incumbents would continue to perform the duties of a bankruptcy judge that might include holding status conferences, conducting hearings and trials, making final determinations, entering orders and judgments, and submitting proposed findings of fact and conclusions of law to the district court. Members of the bar and the public are invited to submit comments for consideration by the Court of Appeals regarding the reappointments of Judge Kathryn C. Ferguson.

    All comments should be directed to one of the following addresses:

    By e-mail: ca3_Ferguson_Reappointment@ca3.uscourts.gov

    By mail: Margaret Wiegand, Circuit Executive Office of the Circuit Executive 22409 U.S. Courthouse 601 Market Street Philadelphia, PA 19106-1790

    Comments must be received no later than noon on April 29, 2021.

  • March 19, 2021 3:19 PM | Anonymous member (Administrator)

    IN THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF DELAWARE

    Findings of the Chief Judge and :

    Order Re-Authorizing the Use of : FOURTH AMENDED

    Video and Teleconference : STANDING ORDER

    Technology in Certain Criminal :

    Proceedings :

    WHEREAS, on March 13, 2020, a national emergency was declared under the National Emergency Act, 50 U.S.C. § 1601, et seq., in light of the COVID-19 pandemic;

    WHEREAS, on March 27, 2020, Congress passed legislation authorizing the use of video and telephone conferencing, under certain circumstances and with the consent of the defendant, for various criminal case events during the course of the COVID-19 emergency, see Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), P.L.116-136, H.R. 748;

    WHEREAS, on March 29, 2020, the Judicial Conference of the United States found that emergency conditions due to the national emergency declared by the President have affected and will materially affect the functioning of the federal courts generally;

    WHEREAS, on April 1, 2020, June 25, 2020, September 27, 2020, and December 21, 2020, acting pursuant to the CARES Act, I, as Chief Judge, made findings and authorized the use of video and telephone conferencing for all events listed in Section 15002(b)(1) of the legislation;

    WHEREAS, the December 21, 2020 re-authorization will, without further action from the Court, expire after 90 days (i.e., on March 25, 2021);

    NOW, THEREFORE, IT IS HEREBY ORDERED that, as Chief Judge, and pursuant to Section 15002(b)(1) of the legislation, I hereby re-authorize the use of video conferencing, or telephone conferencing if video conferencing is not reasonably available, for all events listed in Section 15002(b) of the legislation, that is:

    • Initial appearances under Rule 5 of the Federal Rules of Criminal Procedure;
    • Detention hearings under section 3142 of title 18, United States Code;
    • Preliminary hearings under Rule 5.1 of the Federal Rules of Criminal Procedure;
    • Waivers of indictment under Rule 7(b) of the Federal Rules of Criminal Procedure;
    • Arraignments under Rule 10 of the Federal Rules of Criminal Procedure;
    • Probation and supervised release revocation proceedings under Rule 32.1 of the

    Federal Rules of Criminal Procedure;

    • Pretrial release revocation proceedings under section 3148 of title 18, United States

    Code;

    • Appearances under Rule 40 of the Federal Rules of Criminal Procedure;
    • Misdemeanor pleas and sentencings as described in Rule 43(b)(2) of the Federal

    Rules of Criminal Procedure; and

    • Proceedings under chapter 403 of title 18, United States Code (the “Federal Juvenile

    Delinquency Act”), except for contested transfer hearings and juvenile delinquency adjudication or trial proceedings.

    Pursuant to Section 15002(b)(2), I further specifically find that felony pleas under Rule 11 of the Federal Rules of Criminal Procedure and felony sentencings under Rule 32 of the Federal Rules of Criminal Procedure cannot regularly be conducted in person in this District without seriously jeopardizing public health and safety. As a result, if a judge in an individual case finds, for specific reasons, that a felony plea or sentencing in that case cannot be further delayed without serious harm to the interests of justice, the judge may, with the consent of the defendant after consultation with counsel, use video conferencing, or teleconferencing if video conferencing is not reasonably available, for the felony plea or sentencing in that case. Judges may also use this authority for equivalent events in juvenile cases as described in Section 15002(b)(2)(B). Notwithstanding these findings, a judge in an individual case may determine that for reasons specific to that case or to a particular defendant, a criminal proceeding should be held in the courtroom, taking appropriate precautions.

    IT IS FURTHER ORDERED that, pursuant to Section 15002(b)(3) of the legislation, this re-authorization is effective beginning on March 26, 2021, and will remain in effect for up to 90 days (i.e., through June 23, 2021), unless terminated earlier. If emergency conditions continue to exist at that time, I will review this authorization and determine whether to extend it.

    /s/ Leonard P. Stark

    March 19, 2021

    Chief, United States District Judge


  • March 15, 2021 9:50 AM | Anonymous member (Administrator)

    STATEMENT TO THE JUDICIARY AND THE DELAWARE BAR

    SUPREME COURT OF DELAWARE CHIEF JUSTICE COLLINS J. SEITZ, JR.

    March 12, 2021

    Dear Judicial Officers, Judicial Branch Employees, Justice Partners and Members of the Bar: Thank you for your patience and understanding as the Delaware Courts have addressed the COVID-19 pandemic. We continue to monitor COVID-19 trends in Delaware. I am happy to report that the latest news is encouraging. The rate of positive tests, hospitalizations and deaths are all down significantly from the peak in January and vaccinations are underway. In Delaware vaccine is just starting to be made available to the judicial branch and our justice partners. We will be providing details as vaccine events are set up. While we have plans in place to stage vaccination clinics for the judiciary and justice partners, if an opportunity arises to get vaccinated outside our effort, don’t wait - take it. Assuming the downward trend in COVID-19 cases continues, and vaccine becomes more widely available as promised, we anticipate moving in June to Phase 3 of the Courts Reopening Plan. Phase 3 means the resumption of more in-person hearings and jury trials. The Phase 3 details are available at https://courts.delaware.gov/aoc/courtsreopeningplan.pdf on the Delaware Courts website. In Phase 3, the Delaware Courts will maintain our current health safety precautions that include COVID-19 screening and temperature checks at the entrances to our court facilities, mask requirements and social distancing. With the backlog of criminal cases, those cases will be given priority. We will only move to Phase 3 if it is safe for our employees, justice partners, and the public. If conditions change for the worse, we will re-evaluate the move to Phase 3. We are mindful that while the COVID-19 trends currently look good, we are not yet past this pandemic and must not let our guard down. It is important for everyone to continue to act responsibly by wearing a mask, practicing social distancing and washing your hands regularly. The end of the pandemic won’t be like flipping a switch. If we are diligent and trust the experts, things will improve every day. The end of this pandemic is in sight. I ask for your patience for a little while longer. Brighter days are ahead. 

  • March 15, 2021 9:48 AM | Anonymous member (Administrator)

    Friday, March 12, 2021 

    IN THE UNITED STATES DISTRICT COURT 

    FOR THE DISTRICT OF DELAWARE 

    Please be advised that pursuant to the Consolidated Appropriations Act (CAA), the Advisory Committee on Bankruptcy Rules has approved a new Director’s Form 4100S (Supplemental Proof of Claim for CARES Forbearance Claim) which is available on the Court’s website. 

    Director’s Form 4100S addresses Section 1001(d) of Title X of the Consolidated Appropriations Act (CAA) (Pub. L. 116-260) which creates a new section 501(f) of the Bankruptcy Code.  This new section permits an “eligible creditor” to file a supplemental proof of claim for a CARES Act forbearance in a Chapter 13 case.  As you are aware, the CARES Act included a provision that allows borrowers experiencing a financial hardship directly or indirectly due to the COVID-19 pandemic to request a forbearance on their mortgages.  This new Supplemental Proof of Claim addressing the referenced forbearance can be filed even if the claims bar date has passed.  The revisions to sections 501, 502, and 1329 of the Bankruptcy Code will sunset one year from the date the CAA was enacted, or December 27, 2021.  Thus, new Form 4100S will also be retired after that date.

    To assist with implementing this new Director’s form, a new CM/ECF event has been created.  The event “Supplemental Proof of Claim for CARES Forbearance Claim” will be available in the Claims Action category.  The functions of this event will be similar to the filing of a Rule 3002.1 claim supplement.  The event will not assign a document number, rather, it will assign “doc” and it will be available on both the Docket Report and the Claims Register (History section of the related claim).  The filer will be prompted to relate the Supplemental Proof of Claim for CARES Forbearance Claim to an existing claim from the claims register, and a Notice of Electronic Filing (NEF) will be generated upon completion of the filing.  This “doc” will always display on the Docket Sheet; even if the user unchecks the option to include Rule 3002.1 Claim Supplements.

    CLICK HERE FOR MORE INFORMATION

     


  • March 03, 2021 1:17 PM | Anonymous member (Administrator)

    FROM THE DE JUDICIARY: 

    CHIEF JUSTICE EXTENDS JUDICIAL EMERGENCY TO APRIL 3RD...CLICK HERE TO LEARN MORE. 


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