Local Rule LBR 5005-4: Electronic Filing

LBR 5005-4 Electronic Filing

(a) Terms. The term "Filing User" means those who have registered to file documents electronically. The term "Notice of Electronic Filing" means the notice automatically generated by CM/ECF each time a document is filed.

(b) Electronic Filing Required. Unless otherwise excepted in subsection (c) below, all papers shall be filed electronically using CM/ECF.

(c) Exceptions to Electronic Filing. The following documents do not need to be filed electronically and may be filed at the clerk's office:

(1) Documents filed by a pro se party; or

(2) A proof of claim filed by a creditor who is not a registered user of CM/ECF.

(d) Registration and Passwords.

(1) Attorneys and Trustees. Attorneys admitted to the bar of this court (including those admitted pro hac vice), employees of the Office of the United States Trustee, trustees and others as the court deems appropriate, must register as Filing Users of CM/ECF. Registration will be in a form prescribed by the Clerk. Attorneys and trustees may request Filing Agent access for employees who file on their behalf. The attorney or trustee is responsible for all documents filed by the Filing Agent.

(2) Creditors or Other Limited Users. Attorney and creditor representatives may register as Filing Users of CM/ECF. Registration will be in a form prescribed by the Clerk.

(3) Securing Login and Password. No Filing User or other person may knowingly permit or cause to permit a Filing User's password to be used by anyone other than an authorized agent of the Filing User. Filing Users shall protect the security of their passwords and immediately notify the Clerk if they learn that their password has been compromised. Filing Users may be subject to sanctions for failure to comply with this provision.

(e) Waiver of Service. Registration as a Filing User constitutes a waiver of the right to receive notice by mail and consent to receive notice electronically, except with regard to service of a summons and complaint under Bankruptcy Rule 7004.

(f) Signatures.

(1) Login and Password Constitute Signature. The user login and password required to file documents in CM/ECF serve as the Filing User's signature on all electronic documents filed. They also serve as a signature for purposes of Bankruptcy Rule 9011, the Bankruptcy Rules, the LBRs and any other purpose for which a signature is required in connection with proceedings before the court. Electronically filed documents must include a signature block that sets forth the name, address, and telephone number. In addition, the name of the Filing User under whose login and password the document is submitted must be preceded by an "/s/" and typed in the space where a handwritten, wet ink signature would otherwise appear.

(2) Documents Containing Signatures Under Oath. Documents requiring original signatures such as petitions, lists, schedules, statements, amendments, pleadings, affidavits; or documents requiring verification under Bankruptcy Rule 1008; or an unsworn declaration as provided in 28 U.S.C. § 1746, may be filed with an electronic signature (the party's name typed in full, e.g., "/s/ Jane Doe"). If documents are filed with an electronic signature, the attorney filing the documents must maintain the documents with the original handwritten, wet ink signature or the declarant's digital signature (created using a software product that provides signature authentication) until two (2) years following the closing of the case or until the expiration of all appeal periods, whichever is later. An attorney required to maintain an original signature may comply with this provision by keeping an electronically converted PDF document with an image of the signature. Upon request of the court or any interested party, the attorney shall provide original documents for review.