An attorney was suspended for three months by the Kansas Supreme Court for, among other things, failing to obtain a login name and password to comply with the U.S. Bankruptcy Court’s e-filing requirements.1
The respondent-attorney attempted to file a bankruptcy case by submitting paper pleadings rather than e-filing. The bankruptcy court sent Respondent an order advising that petitions and other pleadings must be filed electronically. The court ordered Respondent to attend the required training, pass the examination, and obtain a login name and password within 30 days. Respondent failed to comply with the order.
Subsequently, Respondent attempted to file another (separate) bankruptcy case. A bankruptcy judge advised Respondent in writing that he was not permitted to file a bankruptcy case using paper pleadings and that all pleadings must be filed electronically.
Respondent not only failed to obtain a log in name and password and failed to file the case to comport with court rules, but also did not return the advanced fee after discharge.
The dicsiplinary Memorandum Opinion is here.
Hat tip to The Legal Profession Blog for this story.
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1Pursuant to a rule change, the United States Bankruptcy Court required that all pleadings be filed electronically. In order to file electronic pleadings with the bankruptcy court, an attorney must have a login name and password.