Local Rule RULE 1001-1: Scope, Applicability, and Promulgation of Local Rules; Short Title.

RULE 1001-1. Scope, Applicability, and Promulgation of Local Rules; Short Title.

(a) Scope. The Local Bankruptcy Rules ("Local Rules") govern practice and procedure in the United States Bankruptcy Court for the District of Montana. The Local Rules shall be cited as "Mont. LBR _____." The term "Judge," as used in these Local Rules, includes a United States Bankruptcy Judge, a United States District Judge, or any other judicial officer to whom a bankruptcy case or proceeding has been referred. The term "Clerk," as used in these Local Rules, refers to the Clerk of Court for the United States Courts for the District of Montana. Local Bankruptcy Forms in the Appendix to these Local Rules shall be cited as "Mont. LBF _____."

(b) Applicability. Unless otherwise indicated, the Local Rules apply to cases commenced under Chapters 7, 9, 11, 12, 13, and 15 of the U.S. Bankruptcy Code and to all Adversary Proceedings.

(c) Promulgation. The Bankruptcy Judge promulgates these Local Rules in accordance with Rule 9029 of the Federal Rules of Bankruptcy Procedure (Fed. R. Bankr. P.), and Rule 83 of the Federal Rules of Civil Procedure (Fed. R. Civ. P.).

(d) Numbering. Each Local Rule is numbered by reference to the corresponding Fed. R. Bankr. P. Except as otherwise provided, the authority for each Local Rule is the corresponding Fed. R. Bankr. P.

(e) Electronic Filing and Address Changes. The Court implemented the Case Management/Electronic Case Filing System (CM/ECF) in August 2002. FILING THROUGH CM/ECF IS MANDATORY FOR ALL USERS IN ALL BANKRUPTCY CASES AND ALL ADVERSARY PROCEEDINGS, EXCEPT SELF-REPRESENTED LITIGANTS INCLUDING SELF-REPRESENTED CREDITORS. To receive electronic service through CM/ECF, a party must be a registered PACER user and have an email address that is maintained. Instructions for obtaining a PACER account are available on the Court's website.

(f) Self-Represented Litigants. Self-represented litigants must complete all filings by mail, or through in-person delivery to the clerk's office with the following exceptions:

(1) Self-represented debtors may (but are not required to) use eSR--Electronic Self-Representation to file a chapter 7 bankruptcy petition. Information on the eSR program can be found on the Court's website;

(2) Self-represented debtors may (but are not required to) request receipt of court notices and orders via e-mail and submit their documents via e-mail by participating in the Debtor Electronic Bankruptcy Noticing (DeBN) program. Information on the DeBN program can be found on the Court's website; and

(3) Self-represented creditors may (but are not required to) utilize the Electronic Proof of Claims (ePOC) system. Information on ePOC can be found on the Court's website.

Related Authority: 28 U.S.C. §§ 151, 2071, 2072, and 2075 Fed. R. Bankr. P. 1001, 5005, and 9029 Fed. R. Civ. P. 83