EOUST MOU with AO
Memorandum of Understanding Between the Administrative Office of the United States Courts and the Executive Office for United States Trustees Concerning the Bankruptcy Data Download I.
Purpose This Memorandum of Understanding (MOU) is ex.ecuted by and between the Administrative Office of the United States Courts (AOUSC) and the Executive Office for Urutcd States Trustees (EOUST), a component within the Department of Justice. The MOU describes ( I) temlS and conditions under which the AOUSC will enhance existing software in order to modify the daily electronic transmission ofbankruplcy case data to the EOUST [rom the bankruptcy courts' CM/ ECF databases (the data download module); (2) restrictions imposed on the EOUST concerning the dissemination of data obtained through the data download module; and (3) responsibilities orthe AOUSC and EOUST concerni ng the data download module. Th is MOU is intended so le ly for the administrative conveni ence of the parties and creates no private right of action or benefit for any third parties.
11.
M.issioo A.
T he EOUST is responsible for overseeing the administration of bankruptcy cases and private trustees under 28 U.S.C. § 586 and II U.S.C. § 101 et seq. Among other things, the EOUST maintains databases of bankruptcy case infornlation in order to accomplish its mission. To facilitate the collection of such data, the EOUST receives daily electronic transmissions of bankruptcy case informati on from the bankruptcy courts' CMJECF systems to populate EOUST 's data extraction system (OXTR).
8.
The AOUSC is responsible for providing administrative support to the federal courts under 28 U.S.c. § 60 I, et seq. Among other things, the AOUSC develops and mai ntai ns the Judi ciary's Case Management/Electronic Case Files (CM/ECF) system. In connection with that, the AOUSC has been developing and providing data download software to the bankruptcy courts so that the courts can provide an extract of bankruptcy case data to the EOUST, without public access fee charges, since approval by the Judicial Conference of the United States Courts in March 1989. T he initial data provided was limited to case opening data only. With the move to CMIECF, which contains signi.ficantly more electronic data, the amount of data provIded to the EOUST has expanded. Attachment I is a list of the current data now provided to DXTR, which includes bankruptcy case data elements, docket entri es and certain associated PDF documents filed with the bankruptcy courts.
III .
Modifi ca tion Req uests (Inclu di ng En hancements) From time to lime the EOUST may request that the AOUSC modify the data download module. The AOUSC considers each such request on a case-by-case basis. As described more fully in sections IV. and V. below, prior to commencing work on any such modification to the data download module, the EOUST and the AOUSC must agree upon the scope and cost of the modification, and the EOUST will transfer funds to the AOUSC in the agreed amount. Current Request. The EOUST has requested that the current data download module be modified to add certain data. The additional data are listed in Attachment n. The AOUSC has reviewed the data in Attachment n and has determined that because the data requested will also be used by the JUdiciary, including bankruptcy administrator offices, and is therefore not solely for the benefit of the EOUST. the EOUST will not need to cover the AOUSC's costs associated with developing and testing this particular modification to the data download module.
IV.
Responsibilities A.
AOUSC. Typically, development and implementation of modi fications to the data download module are accomplished in the following stages: requirements definition, so lution design, so lution development, internal testing and interagency testing with EOUST. External testing and court user documentation proceed after development is complete. Thereafter, the software is distributed to the courts for installation. Each court installs the software in accordance with its 10caJlydetermined schedule. Upon agreeing to the scope ofa modification, the AOUSC provides the EOUST an estimate of the lime required to accomplish the development tasks.
B.
EOUST. The EOUST works closely with the AOUSC to detemline the scope or the modification request, and assists in the testing of the modification as requested by the AOUSC.
C.
EQUST - Data Dissemination. The EOUST understands that adherence to the policy of the Judicia l Conference concerning dissemination of data for which the jUdiciary charges an electronic public access fee is a condition of receiving data through the data download module under the conditions described in this MOU. The Judicial Conference has resolved that the data provided under this MOU be for the EOUST's internal use only, and may not be so ld. or otherwise be disseminated or transferred by the EOUST. except as case trustees are required to provide such information in final reports filed in bankruptcy cases and for the necessary circulation of EOUST reports containing such data. Should the AOUSC believe -2-
that the EOUST has failed to comply with this understanding. the AOUSC will provide the EOUST notice describing the alleged failure and the EOUST shall have thirty (30) days to cure the failure or to persuade the AOUSC that no failure has occurred. If the EOUST fails to cure the failure, the judiciary will discontinue providing the data or seck an appropriate level of reimbursement no earlier than fineen (15) days after providing the EOUST notice of its decision (JCUS MAR1989. p. 20). Requests under the Freedom of Information Act. 5 U.S.c. § 552. or the Privacy Act. 5 U.S.c. § 552a. received by the EOUST for data covered by thi s agreement. other than reports prepared by EOUST containing such data, will be forwarded to the AOUSC's Public Access and Records Management Division (P ARMD) for processing. The EOUST shall notify the PARMD of all other requests for access to data covered by this agreement not otherwise described , other than reports prepared by EOUST containing such data, and ifnot otherwise contrary to a court order, applicable law or regulations shaH either forward to or coordinate such request with the PARMD. Exceptions to the data dissemination policy may be sought from the Judicial Conference. The following exception to the data dissemination policy has been approved by thc Judicial Conference: •
V.
The EOUST is pennitted to transfer to the trustees in bankruptcy cases (or their agents) data received from CMlECF without applicaLion of the electronic public access fec. This transfer is limited to the data that the case trustees are required to provide in final reports filed in bankruptcy cases. The EOUST. the case trustees and their agents are not pennitted to otherwise transfer. disseminate or sell such data.
Cos ts A.
Development and Testing. EOUST is required to pay thc AOUSC costs associated with developing and testing the modified data download module. except when the AOUSC has waived such costs. Prior to commencing work on such modification to the data download module. the EOUST and the AOUSC must agree upon the scope and cost of the modification. and the EOUST will have funds transferred to the AOUSC covering the agreed upon costs. ifany.
B.
Implementation. The Judiciary (AOUSC and the bankruptcy courts) will bear its costs to implement enhancements to the data download module. The EOUST will bear its costs to implement enhancements to the data download module.
C.
Operation. The data download module. as approved by the Judicial Conference of the United States. will operate without the imposition of electronic public access fees. -3-
VI.
V II.
Contact Personnel A.
AOUSC Program and Technical Contacts:
•
Wendell A. Skidgel, Jr., Attorney Advisor, Public Access and Records Management Division, AOUSC, Washington , DC 20544; 202-502-3095.
•
Richard Goodier, Attorney Advisor, Bankruptcy Judges Division, AOUSC, Washington, DC 20544; 202-502-1917.
•
James "Robby" Robinson, Supervisory Court Program Administrator, Bankruptcy Court Administration Division, AOUSC, Washington, DC 20544; 202-502-1545 .
•
Diane Traylor, Bankruptcy CMlECF Development Manager, AOUSC, Technology Division, Washington, DC 20544; 202-502-2509.
B.
EOUST Legal and Technical Contacts:
•
Ramona D. Elliott, Genera] Counsel, Executive Office for United States Trustees, 20 Massachusetts Ave., N. W., Washington, DC 20530; 202-307-1399.
•
Monique Bourque, Chief Information Officer, Executive Office for United States Trustees, 20 Massachusetts Ave., N.W., Washington, DC 20530; 202-353-3548.
Amendments and Terminations A.
This MOU may be amended at any time by written agreement by the undersigned. their successors or other authori zed officials.
B.
Except as otherwise provided in section IV.C above, this MOU may be terminated as a result ofa material failure to comply with this MOU, by either party, upon written notice to the other party describing the alleged failure and allowing the other party sixty (60) days from receipt of such notice the opportunity to cure the material failure or to persuade the party seeking termination that no failure has occurred.
Vifi. Authority
This MOU is entered into under the authority of the Economy Act, 31 U.S.C. § 1535.
-4-
Acceptance
Executive Office for U.S. Trustees (DOl)
Administrative Office of the U.S. Courts
By: Procurement Management Division
Date:
_-'-/_~L!I--,-7+,-fo'-f1----
Date: _-+ I-"p(-,--,I-,-«---"B~_ 9'
Auachment I: Current data provided through the data download module Anachment U: Additional data to be provided through the data download module
-5-
Attachment 1
CM/ECF Dala Element
Noles
key value for case record. Equals value for de _eaSCld, the first field record
III
2
Special dIsplay ven-JOn of the case number. Example'SO.12345.JMG'
3
The tItle by which the case 15 commonly known. Example 'Tom C. Jones, Sr. and Julla Palnela SmIth'
4
is also Included m the download file.
If closed. Note thai
,
The dIVISIonal office In whIch the case was filed. Example '1'
6
Code for the
7
under which thc
filed.
, if the
8
Code thai Idenllfies the type of case, e.g., 'ap' - adversary proc::eedmg, 'bk' bankruptcy. Value m thiS file will always be 'bk' because the program fillCI"$ out cases with other values.
9
Status of , I
10 II
Code,
whether the
'v' or 'I'
If the clLSe was convened. filmg was voluntary or mvoluntary,
MRN
12
FIlIng date of the case, generated dunng case opening. If a case IS reopencd, thiS field containS the date casc.
13
Date on whIch an order ofconvCTSlon was filed.
14
The number oftlme5 thIS case has been reopened (requested by MR
IS
Most recent (reopen or split or transfer) date. Set by stored procedure
16
Filing date of the most recent docket entry that tennmated (closed) the case. Set by stored procedure set_casc_dates from the appropriate statIstics record).
17
Date on which the bankruptcy casc WILS dIscharged.
18
19
dale of the Values '
thai dismIssed the case.
or 'n' From sardbk table.
CM/ECF Data Element
Notes
20
cs_county pomts to literal value In codes
This field containS the hteral translation for the cs_coumy code value, e.g. 'San DIego'
21
cf value from case_flags tablc
This field containS the literal whIch IS displayed on the first page orthe docket sheet (e.g. 'CLOSED')
22
Site table value for CourtTltle
example 'U.S. Bankruptcy Court'
23
Site table value for CourtName
example 'Southern Dlstnct ofCahfomla (San Diego)'
2'
codes table literal translation for cs_office
example 'San Diego' This IS the value of eo_translation In the codes record for which co_type - 'office' and co_code - cs_office (translation of the code In row #4 of this download file).
2S
codes table literal translation for debtor
example 'Case OlSfmssed' or 'Case Closed' Use codes table entry of type dlspbk.
2.
codes table hteral translation for Jomt debtor
example 'Case DIsmIssed' or 'Case Closed' Use codes table entry oftypc dispbk. NOTE: this Reid was added In CM1ECf release 3.2.
27 28
Jd_mlddle_name
29 DOCKET DATA
30
de_seqno
Generated number that in combination with dc_caseid provides a umquc key value for the record
31
Number that is sequenttally generated within the case.
J2
Generated date
33
Date filed 111 court.
34
dO_Iype
3.
38
of the event, used for
A short
"
37
The first 8 ehar&elen of the name of the dispatch category (ev_name In the events reeord) for the event docketed.
label do_sclect_Iext
event.
The short descnplIOll of the event that appears In a pull-down hst. Amount of the fee for those filings that reqUIre a fee .
CM/EC F Oala Ele me nt
Notes Docket lexi.
40
Debtor I last nalM. Debtor I IS I
41
Debtor I middle name.
42
Debtor I firSi nalM.
43
Debtor 1 generation.
44
Debtor I tax Id. Debtor I ssn.
46
PLaddressl
Debtor I address (firSi tme).
47
Debtor 1 address (second lme).
48
Debtor I
49
Debtor I I
50
Debtor I state.
51
Debtor I
52
Debtor I
53
Debtor I
54 55
pyJaxJ>hone
number.
Debtor I fax phone number. Debtor I e-mail address.
56
herself.
57
Blank if party IS stili associated with the ease. The party mfonnallon m the download file (for debtors. anomeys, truSlee. and US Trustee) IS for partlCS that have not been temllnated Iill1 replaeed m the ease record. If a party has been temunated but not replaeed, then hIS or her record Will contmue to be mcluded m the download file .
58
Debtor I aka I last name. py_aJias_type " 'aka' Same py_seqno as ddJtor's real name. PL aliaseq > 0 NOTE: th is file mcludcs rows for fou r alias n~t:ord5 for eat:h debtor.
59
Debtor I aka 1 middle name.
60
Debtor I aka I first name.
CM/ECF Data Element
Noles
61
PYJencrBtion
Debtor t aka t generation.
62
pyJast_ namc
Debtor I aka 2 last name. py_ aliruUype .. 'aka' Same py_scqno as debtor's real name. py ahaseq > 0
63
py middle name
Debtor I aka 2 middle name.
6'
py_ first name
Debtor I aka 2 first name.
65
pyJeneration
Debtor taka 2 generation.
66
pyJast_name
Debtor taka 3 las\ name. py_ahas_type " 'aka' Same: py_seqno as debtor's real name. py a1iaseq > 0
67
middle name
Debtor taka 3 middle name.
68
p, p,
first name
Debtor taka 3 first name.
6.
pYJeneratlon
Debtor I aka 3 generation.
70
pyJast_name
Debtor I aka 4 last name. py_ahas_tyt>C .. 'aka' Same PLseqno as debtor's real name:. PLaliaseq > 0
71
py middle_name
Debtor taka 4 mIddle name.
12
py first_name
Debtor I aka 4 first name.
73
pyJenerauon
Debtor I aka 4 generation.
7.
IItJast_ name
Attorney representing the first debtor. mfonnlltlon taken fTOm Ihe attomey table where al...,party seqno " first debtor's py seqno.
75
3t middle name
Attorney represenung the firsl debtor.
76
31_ first name
Attomey representing the first debtor.
77
at-.&enerallon
Attorney representing the first debtor.
78
pr taxid
Attorney representmg the first debtor.
7.
pr ssn
Attorney representing the first debtor.
80
" office
Attorney representing the first debtor.
81 82 S)
84
85
" address I
Auorney representing the first debtor.
address2
Attorney representing the first debtor.
" address3 " city " state
Attomey representing the first debtor.
.,
Attorney representmg the first debtor. Attorney representing the first debtor.
CM /ECF DIIIII
Element
Notes
86
at zip
Attorney rcpresenung the first debtor.
87
at country
Attorney representing the first debtor.
88
8tyhoneno
Attorney represenllng the first debtor.
89
at faxyhone
Attorney representing the first debtor,
90
at e_maIl
Attorney reprcsenllng the first debtor.
91
at end date
Attorney representmg the first debtor.
.,
py_last_name
Debtor 2 last name. py_role " 'db' TO_dcscnptlon .. 'debtor' or 'JOint debtor' Debtor 21s distinguished from Debtor I by the value ofpy_seqno
94
py_first name
Debtor 2 fim nlllne.
95
py-Kcncrauon
Debtor 2 generation.
96
py laxld
Debtor 2 tax Id.
97
py ssn
Debtor 2 ssn.
98
py address I
Debtor 2 address (first line).
99
py address2
Debtor 2 address (second hne),
100
py address)
Deblor 2 address (third hne).
101
py cIty
Deblor 2 clly.
102
p>,-stale
Debtor 2 Siale.
103
py ZiP
Debtor 2 ZIP code.
104
py_country
Oeblor 2 country.
105
pyyhoneno
Debtor 2 phone number.
106
pyjaxyhone
Dcbtor2 fax phone number.
107
py_e_"lall
Debtor 2 e-maIl address.
108
pyyrosc
'y' ifpany IS representmg hlmsclfor herself.
109
PLend_dale
Blank If party IS still associated With the cascoThe pany mformatlon In the download file (for debtors. attorneys, trustee. and US Trustee) 15 for panIcs Ihat have not been Icrmmalcd !nsI replaced lit the case record. If a pany has been terminated but nOI replaced. then hIS or her record WIll conllnue to be mcluded in the do ..... nload file .
92
". 0
liS
py mIddle: name:
Debtor 2 aka 2 middle: name:.
II.
py_first name:
Debtor 2 aka 2 first name:.
11 7
py-.SencratlOn
Debtor 2 aka 2 generation.
11 8
py_last_na me
Debtor 2 aka 3 last name. py_ ahas_t)llC - 'aka' Same: py_scqno as second debtor's real name. py ahaseq > 0
11 9
PL mlddle_name
Debtor 2 aka 3 middle name.
120
py firSI name
Deblor 2 aka 3 firsl name
121
PYJencrauon
Debtor 2 aka 3 generatIon.
122
py_last_namc
Debtor 2 aka 4 last name. py_ahas_ typc - 'aka' Same: py_scqno as second debtor's real name. py ahaseq > 0
123
py mIddle: name
Debtor 2 aka 4 middle: name:.
12.
py_first_namc:
Debtor 2 aka 4 first name.
12S
PYJenc:ration
Debtor 2 aka 4 gcnerallon.
12.
atJas,_namc
Anomey reprcsc1lIing the: second de:btor. mfonnauon taken from the attorney table where at""party_sc:qno - second debtor's py_scqno.
127
at mIddle: name
Attome:y rcpre:sentmg the second debtor.
128
II.I_ first_namc
Attorney representing the second debtor.
129
atJcneratlon
Attomey rc:presc:nung the second debtor.
130
pr_taxld
Attorney representing the second debtor. Value: from person table.
131
pr ssn
Attorney rcprcsc1llmg the second debtor. Value: from person table.
J32
at_office
Allomey r~sen tmg the second debtor.
J33
at addrc:s.sl
Allomey rcprcsentmg the second debtor.
CMIECF Dllta Element
Notes Attorney representmg the 5Ctond debtor.
115
address2 "at_ address3
Attorney representinglhe second debtor.
lJ6
81 elly
Attorney represenllng the second debtor.
131
ai_ state
Attorney representing the second debtor.
lJ8
ai_Zip
Attorney representing the second deblor.
139
81 country
Attorney repre5enllngthe second debtor.
140
atyhoneno
Attorney representmg the second debtor.
141
atJaxyhone
Attorney representing the second debtor.
142
al_e_ mall
Attorney representing the second debtor.
143
at_end_dale
Blank Ifpany IS stIll associated with the case. The party Informallon In the download file (for debtors, attorneys, trustee, and US Trustee) IS for partlC$ that have not been terminated 1!!1S!. replaced in the case record. If a party has been terminated but not replaced. then hIS or her record Will continue to be Included In the download file .
144
py_last name
Trustee last name. py role: - 'tr' and ro descnption .. 'trustee'
145
py mtddlc_name
Trustee middle name.
146
py_ fiut_namc
Trustee first name.
141
pYJeneratlon
Trustee generatIon .
148
py taxid
Trustee tax Id.
149
py ""
Trustee sm.
150
py address I
Trustee address.
lSI
py address2
Trustee address.
IS2
py address3
Trustee address.
IS3
py-city
Trustee address.
154
py state
Trustee address.
155
py "p
T rust« address.
156
py_country
Trustee address.
151
pyyhoneno
Trustee address.
IS8
pyJnxyhonc
Trustee address.
13'
CM/ECF Dala Ele ment
Nol es
159
py e mati
Trustee address.
160
PLcod_date
Blank Ifpany IS sttllll.Ssoctated wlIh the case. The party InfOrml:lllon In the download file (for debtors, anomeys, trustee, and US Trustee) tS for panles that have not been terminated!m1 replaced In the case record. lfa pany has been terminated. but not replaced, thco hiS or her record Will continue to be Included In the download file.
161
py last_name
US Trustee last name. py_role - 'tt' and ro descnpttOfi - 'US Trustee'
162
py mIddle_name
US Trustee middle name.
163
py first name
US Trustee first name.
164
pY....8enerauon
US Trustee generatIOn.
165
py taxld
US Trustee tax id.
166
py_ ssn
US Trustee ssn.
167
py_address I
US Trustee address.
168
py_address2
US Trustee address.
169
PLaddress3
US Trustee address.
170
py cIty
US Trustee address.
171
py_statc
US Trustee address.
172
py ZIP
US Trustee address.
173
py country
US Trustee address.
174
pyyhoneno
US Trustee address.
I7S
py faxyhone
US Trustee address.
176
py e mml
US Trustee address.
177
py_end_datc
Blank Ifpany is SIlIi assocIated With the casco The pany Informat Ion In the download file (for debtors, attorneys, trustee, and US Trustee) IS for partIes thai have not been termmated!!l!1 replaced In the case record. If a pany has been terminated but not replaced, then hIS or her record WIll conunue 10 be mcluded In the download file .
US Trustee Data Extraction
Events in Starter Document Type Table for wh ich UST
CMlECF Release 3.3
0912008 (Updated 02120(9)
Page 392
US Trustee Data Extraction Events In Starter Document Type Table for which UST Flag
CM'ECF Release 3 3
='y'
Page 393
US Trustee Data Extraction Events In Starter Document Type Table for which UST Flag'" 'y'
CMleCF Release J J
0912008 (Updated 0212009)
Page 394
US Trustee Data Extraction Table for which UST
if
CMlECF Release 3.3
0912008 (Updaled 02120(9)
Page 395
Attachment 2
New Field Label
DB Field Name
Data ValldaUon
Form 8 1: Debtor's aggregate non-contingent liquidated debts < $2,190,000
bk_agUi
Purpose This Memorandum of Understanding (MOU) is ex.ecuted by and between the Administrative Office of the United States Courts (AOUSC) and the Executive Office for Urutcd States Trustees (EOUST), a component within the Department of Justice. The MOU describes ( I) temlS and conditions under which the AOUSC will enhance existing software in order to modify the daily electronic transmission ofbankruplcy case data to the EOUST [rom the bankruptcy courts' CM/ ECF databases (the data download module); (2) restrictions imposed on the EOUST concerning the dissemination of data obtained through the data download module; and (3) responsibilities orthe AOUSC and EOUST concerni ng the data download module. Th is MOU is intended so le ly for the administrative conveni ence of the parties and creates no private right of action or benefit for any third parties.
11.
M.issioo A.
T he EOUST is responsible for overseeing the administration of bankruptcy cases and private trustees under 28 U.S.C. § 586 and II U.S.C. § 101 et seq. Among other things, the EOUST maintains databases of bankruptcy case infornlation in order to accomplish its mission. To facilitate the collection of such data, the EOUST receives daily electronic transmissions of bankruptcy case informati on from the bankruptcy courts' CMJECF systems to populate EOUST 's data extraction system (OXTR).
8.
The AOUSC is responsible for providing administrative support to the federal courts under 28 U.S.c. § 60 I, et seq. Among other things, the AOUSC develops and mai ntai ns the Judi ciary's Case Management/Electronic Case Files (CM/ECF) system. In connection with that, the AOUSC has been developing and providing data download software to the bankruptcy courts so that the courts can provide an extract of bankruptcy case data to the EOUST, without public access fee charges, since approval by the Judicial Conference of the United States Courts in March 1989. T he initial data provided was limited to case opening data only. With the move to CMIECF, which contains signi.ficantly more electronic data, the amount of data provIded to the EOUST has expanded. Attachment I is a list of the current data now provided to DXTR, which includes bankruptcy case data elements, docket entri es and certain associated PDF documents filed with the bankruptcy courts.
III .
Modifi ca tion Req uests (Inclu di ng En hancements) From time to lime the EOUST may request that the AOUSC modify the data download module. The AOUSC considers each such request on a case-by-case basis. As described more fully in sections IV. and V. below, prior to commencing work on any such modification to the data download module, the EOUST and the AOUSC must agree upon the scope and cost of the modification, and the EOUST will transfer funds to the AOUSC in the agreed amount. Current Request. The EOUST has requested that the current data download module be modified to add certain data. The additional data are listed in Attachment n. The AOUSC has reviewed the data in Attachment n and has determined that because the data requested will also be used by the JUdiciary, including bankruptcy administrator offices, and is therefore not solely for the benefit of the EOUST. the EOUST will not need to cover the AOUSC's costs associated with developing and testing this particular modification to the data download module.
IV.
Responsibilities A.
AOUSC. Typically, development and implementation of modi fications to the data download module are accomplished in the following stages: requirements definition, so lution design, so lution development, internal testing and interagency testing with EOUST. External testing and court user documentation proceed after development is complete. Thereafter, the software is distributed to the courts for installation. Each court installs the software in accordance with its 10caJlydetermined schedule. Upon agreeing to the scope ofa modification, the AOUSC provides the EOUST an estimate of the lime required to accomplish the development tasks.
B.
EOUST. The EOUST works closely with the AOUSC to detemline the scope or the modification request, and assists in the testing of the modification as requested by the AOUSC.
C.
EQUST - Data Dissemination. The EOUST understands that adherence to the policy of the Judicia l Conference concerning dissemination of data for which the jUdiciary charges an electronic public access fee is a condition of receiving data through the data download module under the conditions described in this MOU. The Judicial Conference has resolved that the data provided under this MOU be for the EOUST's internal use only, and may not be so ld. or otherwise be disseminated or transferred by the EOUST. except as case trustees are required to provide such information in final reports filed in bankruptcy cases and for the necessary circulation of EOUST reports containing such data. Should the AOUSC believe -2-
that the EOUST has failed to comply with this understanding. the AOUSC will provide the EOUST notice describing the alleged failure and the EOUST shall have thirty (30) days to cure the failure or to persuade the AOUSC that no failure has occurred. If the EOUST fails to cure the failure, the judiciary will discontinue providing the data or seck an appropriate level of reimbursement no earlier than fineen (15) days after providing the EOUST notice of its decision (JCUS MAR1989. p. 20). Requests under the Freedom of Information Act. 5 U.S.c. § 552. or the Privacy Act. 5 U.S.c. § 552a. received by the EOUST for data covered by thi s agreement. other than reports prepared by EOUST containing such data, will be forwarded to the AOUSC's Public Access and Records Management Division (P ARMD) for processing. The EOUST shall notify the PARMD of all other requests for access to data covered by this agreement not otherwise described , other than reports prepared by EOUST containing such data, and ifnot otherwise contrary to a court order, applicable law or regulations shaH either forward to or coordinate such request with the PARMD. Exceptions to the data dissemination policy may be sought from the Judicial Conference. The following exception to the data dissemination policy has been approved by thc Judicial Conference: •
V.
The EOUST is pennitted to transfer to the trustees in bankruptcy cases (or their agents) data received from CMlECF without applicaLion of the electronic public access fec. This transfer is limited to the data that the case trustees are required to provide in final reports filed in bankruptcy cases. The EOUST. the case trustees and their agents are not pennitted to otherwise transfer. disseminate or sell such data.
Cos ts A.
Development and Testing. EOUST is required to pay thc AOUSC costs associated with developing and testing the modified data download module. except when the AOUSC has waived such costs. Prior to commencing work on such modification to the data download module. the EOUST and the AOUSC must agree upon the scope and cost of the modification. and the EOUST will have funds transferred to the AOUSC covering the agreed upon costs. ifany.
B.
Implementation. The Judiciary (AOUSC and the bankruptcy courts) will bear its costs to implement enhancements to the data download module. The EOUST will bear its costs to implement enhancements to the data download module.
C.
Operation. The data download module. as approved by the Judicial Conference of the United States. will operate without the imposition of electronic public access fees. -3-
VI.
V II.
Contact Personnel A.
AOUSC Program and Technical Contacts:
•
Wendell A. Skidgel, Jr., Attorney Advisor, Public Access and Records Management Division, AOUSC, Washington , DC 20544; 202-502-3095.
•
Richard Goodier, Attorney Advisor, Bankruptcy Judges Division, AOUSC, Washington, DC 20544; 202-502-1917.
•
James "Robby" Robinson, Supervisory Court Program Administrator, Bankruptcy Court Administration Division, AOUSC, Washington, DC 20544; 202-502-1545 .
•
Diane Traylor, Bankruptcy CMlECF Development Manager, AOUSC, Technology Division, Washington, DC 20544; 202-502-2509.
B.
EOUST Legal and Technical Contacts:
•
Ramona D. Elliott, Genera] Counsel, Executive Office for United States Trustees, 20 Massachusetts Ave., N. W., Washington, DC 20530; 202-307-1399.
•
Monique Bourque, Chief Information Officer, Executive Office for United States Trustees, 20 Massachusetts Ave., N.W., Washington, DC 20530; 202-353-3548.
Amendments and Terminations A.
This MOU may be amended at any time by written agreement by the undersigned. their successors or other authori zed officials.
B.
Except as otherwise provided in section IV.C above, this MOU may be terminated as a result ofa material failure to comply with this MOU, by either party, upon written notice to the other party describing the alleged failure and allowing the other party sixty (60) days from receipt of such notice the opportunity to cure the material failure or to persuade the party seeking termination that no failure has occurred.
Vifi. Authority
This MOU is entered into under the authority of the Economy Act, 31 U.S.C. § 1535.
-4-
Acceptance
Executive Office for U.S. Trustees (DOl)
Administrative Office of the U.S. Courts
By: Procurement Management Division
Date:
_-'-/_~L!I--,-7+,-fo'-f1----
Date: _-+ I-"p(-,--,I-,-«---"B~_ 9'
Auachment I: Current data provided through the data download module Anachment U: Additional data to be provided through the data download module
-5-
Attachment 1
CM/ECF Dala Element
Noles
key value for case record. Equals value for de _eaSCld, the first field record
III
2
Special dIsplay ven-JOn of the case number. Example'SO.12345.JMG'
3
The tItle by which the case 15 commonly known. Example 'Tom C. Jones, Sr. and Julla Palnela SmIth'
4
is also Included m the download file.
If closed. Note thai
,
The dIVISIonal office In whIch the case was filed. Example '1'
6
Code for the
7
under which thc
filed.
, if the
8
Code thai Idenllfies the type of case, e.g., 'ap' - adversary proc::eedmg, 'bk' bankruptcy. Value m thiS file will always be 'bk' because the program fillCI"$ out cases with other values.
9
Status of , I
10 II
Code,
whether the
'v' or 'I'
If the clLSe was convened. filmg was voluntary or mvoluntary,
MRN
12
FIlIng date of the case, generated dunng case opening. If a case IS reopencd, thiS field containS the date casc.
13
Date on whIch an order ofconvCTSlon was filed.
14
The number oftlme5 thIS case has been reopened (requested by MR
IS
Most recent (reopen or split or transfer) date. Set by stored procedure
16
Filing date of the most recent docket entry that tennmated (closed) the case. Set by stored procedure set_casc_dates from the appropriate statIstics record).
17
Date on which the bankruptcy casc WILS dIscharged.
18
19
dale of the Values '
thai dismIssed the case.
or 'n' From sardbk table.
CM/ECF Data Element
Notes
20
cs_county pomts to literal value In codes
This field containS the hteral translation for the cs_coumy code value, e.g. 'San DIego'
21
cf value from case_flags tablc
This field containS the literal whIch IS displayed on the first page orthe docket sheet (e.g. 'CLOSED')
22
Site table value for CourtTltle
example 'U.S. Bankruptcy Court'
23
Site table value for CourtName
example 'Southern Dlstnct ofCahfomla (San Diego)'
2'
codes table literal translation for cs_office
example 'San Diego' This IS the value of eo_translation In the codes record for which co_type - 'office' and co_code - cs_office (translation of the code In row #4 of this download file).
2S
codes table literal translation for debtor
example 'Case OlSfmssed' or 'Case Closed' Use codes table entry of type dlspbk.
2.
codes table hteral translation for Jomt debtor
example 'Case DIsmIssed' or 'Case Closed' Use codes table entry oftypc dispbk. NOTE: this Reid was added In CM1ECf release 3.2.
27 28
Jd_mlddle_name
29 DOCKET DATA
30
de_seqno
Generated number that in combination with dc_caseid provides a umquc key value for the record
31
Number that is sequenttally generated within the case.
J2
Generated date
33
Date filed 111 court.
34
dO_Iype
3.
38
of the event, used for
A short
"
37
The first 8 ehar&elen of the name of the dispatch category (ev_name In the events reeord) for the event docketed.
label do_sclect_Iext
event.
The short descnplIOll of the event that appears In a pull-down hst. Amount of the fee for those filings that reqUIre a fee .
CM/EC F Oala Ele me nt
Notes Docket lexi.
40
Debtor I last nalM. Debtor I IS I
41
Debtor I middle name.
42
Debtor I firSi nalM.
43
Debtor 1 generation.
44
Debtor I tax Id. Debtor I ssn.
46
PLaddressl
Debtor I address (firSi tme).
47
Debtor 1 address (second lme).
48
Debtor I
49
Debtor I I
50
Debtor I state.
51
Debtor I
52
Debtor I
53
Debtor I
54 55
pyJaxJ>hone
number.
Debtor I fax phone number. Debtor I e-mail address.
56
herself.
57
Blank if party IS stili associated with the ease. The party mfonnallon m the download file (for debtors. anomeys, truSlee. and US Trustee) IS for partlCS that have not been temllnated Iill1 replaeed m the ease record. If a party has been temunated but not replaeed, then hIS or her record Will contmue to be mcluded m the download file .
58
Debtor I aka I last name. py_aJias_type " 'aka' Same py_seqno as ddJtor's real name. PL aliaseq > 0 NOTE: th is file mcludcs rows for fou r alias n~t:ord5 for eat:h debtor.
59
Debtor I aka 1 middle name.
60
Debtor I aka I first name.
CM/ECF Data Element
Noles
61
PYJencrBtion
Debtor t aka t generation.
62
pyJast_ namc
Debtor I aka 2 last name. py_ aliruUype .. 'aka' Same py_scqno as debtor's real name. py ahaseq > 0
63
py middle name
Debtor I aka 2 middle name.
6'
py_ first name
Debtor I aka 2 first name.
65
pyJeneration
Debtor taka 2 generation.
66
pyJast_name
Debtor taka 3 las\ name. py_ahas_type " 'aka' Same: py_seqno as debtor's real name. py a1iaseq > 0
67
middle name
Debtor taka 3 middle name.
68
p, p,
first name
Debtor taka 3 first name.
6.
pYJeneratlon
Debtor I aka 3 generation.
70
pyJast_name
Debtor I aka 4 last name. py_ahas_tyt>C .. 'aka' Same PLseqno as debtor's real name:. PLaliaseq > 0
71
py middle_name
Debtor taka 4 mIddle name.
12
py first_name
Debtor I aka 4 first name.
73
pyJenerauon
Debtor I aka 4 generation.
7.
IItJast_ name
Attorney representing the first debtor. mfonnlltlon taken fTOm Ihe attomey table where al...,party seqno " first debtor's py seqno.
75
3t middle name
Attorney represenung the firsl debtor.
76
31_ first name
Attomey representing the first debtor.
77
at-.&enerallon
Attorney representing the first debtor.
78
pr taxid
Attorney representmg the first debtor.
7.
pr ssn
Attorney representing the first debtor.
80
" office
Attorney representing the first debtor.
81 82 S)
84
85
" address I
Auorney representing the first debtor.
address2
Attorney representing the first debtor.
" address3 " city " state
Attomey representing the first debtor.
.,
Attorney representmg the first debtor. Attorney representing the first debtor.
CM /ECF DIIIII
Element
Notes
86
at zip
Attorney rcpresenung the first debtor.
87
at country
Attorney representing the first debtor.
88
8tyhoneno
Attorney represenllng the first debtor.
89
at faxyhone
Attorney representing the first debtor,
90
at e_maIl
Attorney reprcsenllng the first debtor.
91
at end date
Attorney representmg the first debtor.
.,
py_last_name
Debtor 2 last name. py_role " 'db' TO_dcscnptlon .. 'debtor' or 'JOint debtor' Debtor 21s distinguished from Debtor I by the value ofpy_seqno
94
py_first name
Debtor 2 fim nlllne.
95
py-Kcncrauon
Debtor 2 generation.
96
py laxld
Debtor 2 tax Id.
97
py ssn
Debtor 2 ssn.
98
py address I
Debtor 2 address (first line).
99
py address2
Debtor 2 address (second hne),
100
py address)
Deblor 2 address (third hne).
101
py cIty
Deblor 2 clly.
102
p>,-stale
Debtor 2 Siale.
103
py ZiP
Debtor 2 ZIP code.
104
py_country
Oeblor 2 country.
105
pyyhoneno
Debtor 2 phone number.
106
pyjaxyhone
Dcbtor2 fax phone number.
107
py_e_"lall
Debtor 2 e-maIl address.
108
pyyrosc
'y' ifpany IS representmg hlmsclfor herself.
109
PLend_dale
Blank If party IS still associated With the cascoThe pany mformatlon In the download file (for debtors. attorneys, trustee. and US Trustee) 15 for panIcs Ihat have not been Icrmmalcd !nsI replaced lit the case record. If a pany has been terminated but nOI replaced. then hIS or her record WIll conllnue to be mcluded in the do ..... nload file .
92
". 0
liS
py mIddle: name:
Debtor 2 aka 2 middle: name:.
II.
py_first name:
Debtor 2 aka 2 first name:.
11 7
py-.SencratlOn
Debtor 2 aka 2 generation.
11 8
py_last_na me
Debtor 2 aka 3 last name. py_ ahas_t)llC - 'aka' Same: py_scqno as second debtor's real name. py ahaseq > 0
11 9
PL mlddle_name
Debtor 2 aka 3 middle name.
120
py firSI name
Deblor 2 aka 3 firsl name
121
PYJencrauon
Debtor 2 aka 3 generatIon.
122
py_last_namc
Debtor 2 aka 4 last name. py_ahas_ typc - 'aka' Same: py_scqno as second debtor's real name. py ahaseq > 0
123
py mIddle: name
Debtor 2 aka 4 middle: name:.
12.
py_first_namc:
Debtor 2 aka 4 first name.
12S
PYJenc:ration
Debtor 2 aka 4 gcnerallon.
12.
atJas,_namc
Anomey reprcsc1lIing the: second de:btor. mfonnauon taken from the attorney table where at""party_sc:qno - second debtor's py_scqno.
127
at mIddle: name
Attome:y rcpre:sentmg the second debtor.
128
II.I_ first_namc
Attorney representing the second debtor.
129
atJcneratlon
Attomey rc:presc:nung the second debtor.
130
pr_taxld
Attorney representing the second debtor. Value: from person table.
131
pr ssn
Attorney rcprcsc1llmg the second debtor. Value: from person table.
J32
at_office
Allomey r~sen tmg the second debtor.
J33
at addrc:s.sl
Allomey rcprcsentmg the second debtor.
CMIECF Dllta Element
Notes Attorney representmg the 5Ctond debtor.
115
address2 "at_ address3
Attorney representinglhe second debtor.
lJ6
81 elly
Attorney represenllng the second debtor.
131
ai_ state
Attorney representing the second debtor.
lJ8
ai_Zip
Attorney representing the second deblor.
139
81 country
Attorney repre5enllngthe second debtor.
140
atyhoneno
Attorney representmg the second debtor.
141
atJaxyhone
Attorney representing the second debtor.
142
al_e_ mall
Attorney representing the second debtor.
143
at_end_dale
Blank Ifpany IS stIll associated with the case. The party Informallon In the download file (for debtors, attorneys, trustee, and US Trustee) IS for partlC$ that have not been terminated 1!!1S!. replaced in the case record. If a party has been terminated but not replaced. then hIS or her record Will continue to be Included In the download file .
144
py_last name
Trustee last name. py role: - 'tr' and ro descnption .. 'trustee'
145
py mtddlc_name
Trustee middle name.
146
py_ fiut_namc
Trustee first name.
141
pYJeneratlon
Trustee generatIon .
148
py taxid
Trustee tax Id.
149
py ""
Trustee sm.
150
py address I
Trustee address.
lSI
py address2
Trustee address.
IS2
py address3
Trustee address.
IS3
py-city
Trustee address.
154
py state
Trustee address.
155
py "p
T rust« address.
156
py_country
Trustee address.
151
pyyhoneno
Trustee address.
IS8
pyJnxyhonc
Trustee address.
13'
CM/ECF Dala Ele ment
Nol es
159
py e mati
Trustee address.
160
PLcod_date
Blank Ifpany IS sttllll.Ssoctated wlIh the case. The party InfOrml:lllon In the download file (for debtors, anomeys, trustee, and US Trustee) tS for panles that have not been terminated!m1 replaced In the case record. lfa pany has been terminated. but not replaced, thco hiS or her record Will continue to be Included In the download file.
161
py last_name
US Trustee last name. py_role - 'tt' and ro descnpttOfi - 'US Trustee'
162
py mIddle_name
US Trustee middle name.
163
py first name
US Trustee first name.
164
pY....8enerauon
US Trustee generatIOn.
165
py taxld
US Trustee tax id.
166
py_ ssn
US Trustee ssn.
167
py_address I
US Trustee address.
168
py_address2
US Trustee address.
169
PLaddress3
US Trustee address.
170
py cIty
US Trustee address.
171
py_statc
US Trustee address.
172
py ZIP
US Trustee address.
173
py country
US Trustee address.
174
pyyhoneno
US Trustee address.
I7S
py faxyhone
US Trustee address.
176
py e mml
US Trustee address.
177
py_end_datc
Blank Ifpany is SIlIi assocIated With the casco The pany Informat Ion In the download file (for debtors, attorneys, trustee, and US Trustee) IS for partIes thai have not been termmated!!l!1 replaced In the case record. If a pany has been terminated but not replaced, then hIS or her record WIll conunue 10 be mcluded In the download file .
US Trustee Data Extraction
Events in Starter Document Type Table for wh ich UST
CMlECF Release 3.3
0912008 (Updated 02120(9)
Page 392
US Trustee Data Extraction Events In Starter Document Type Table for which UST Flag
CM'ECF Release 3 3
='y'
Page 393
US Trustee Data Extraction Events In Starter Document Type Table for which UST Flag'" 'y'
CMleCF Release J J
0912008 (Updated 0212009)
Page 394
US Trustee Data Extraction Table for which UST
if
CMlECF Release 3.3
0912008 (Updaled 02120(9)
Page 395
Attachment 2
New Field Label
DB Field Name
Data ValldaUon
Form 8 1: Debtor's aggregate non-contingent liquidated debts < $2,190,000
bk_agUi
