Local Rule Rule 1002-2: FILINGS

Rule 1002-2 FILINGS A. Definitions. 1. "Electronic Case Filing System" or "ECF System" refers to the Court's system of receiving documents filed in electronic form. 2. "Filing User" refers to those who have a Court-issued log-in and password to file documents electronically. 3. "Limited Filing User" refers to those who are issued a Limited Password by the Clerk in accordance with LBR 1002-2(L) below. 4. "PDF" refers to Portable Document Format.

B. Electronic Filing Mandatory. Electronic Filing is mandatory in the United States District Court for the United States Virgin Islands, Bankruptcy Division. 1. Exceptions: a. LBF 1: An executed Declaration Re: Electronic Filing, LBF 1, shall be filed in paper copy within fourteen (14) days of the electronic filing of the bankruptcy petition. Both debtors must sign the authorization when a joint petition is filed. The attorney representing the debtor must notify the Court forthwith if the debtor(s) fails to sign the declaration. Debtors not represented by an attorney shall submit on paper an executed Declaration Re: Electronic Filing of Petition, Schedules and Statements for Individual Debtor Not Represented by Counsel, and LBF 1A, within fourteen (14) days of the filing of the petition. b. Attachments and Exhibits exceeding ten (10) pages: Exhibits and other attachments to pleadings shall not exceed ten (10) pages in length, except exhibits to the following: Application for Compensation and Reimbursement, Trustee's Final Report and Account, Plan of Reorganization, Disclosure Statement, and proofs of claim filed in accordance with Fed. R. Bankr. P. 3001(c). A summary not exceeding ten (10) pages may be filed in lieu of exhibits and attachments that exceed ten (10) pages. In lieu of the summary or in lieu of the an entire loan history, a one-page Document and Loan History Abstract conforming to LBF 27 may be filed. All abstracts, exhibits, exhibit summaries, and attachments must be filed as separate documents. The party filing a pleading containing a summary of exhibits or attachments, or LBF 27 shall have a paper copy of the entire document at any hearing that is reasonably expected to pertain to the pleading. The party filing a pleading containing a summary or abstract shall, upon request of any party in interest, provide a copy of the entire exhibit. c. Sealed Documents: Documents ordered to be filed under seal (pursuant to motion filed in accordance with LBR 5005-2) shall be filed in paper form, not electronically. The paper documents which have been placed under seal will not be scanned into the ECF System but shall be delivered to the Clerk who will retain the paper documents according to LBR 5005-2. The motion to file the document under seal, and any order granting that motion, shall however be filed electronically.

2. Courtesy Copies: a. Expedited matters: At the time it is electronically filed, a paper copy of a motion for expedited hearing or an application for a temporary restraining order and any response shall be delivered to chambers. The front page of the pleading shall note that it is a courtesy copy. The filing party may call chambers to arrange for alternative transmission of the document. b. Chapter 7 petition, schedules, and statements: Within seven (7) days of electronic filing, a paper copy of the voluntary bankruptcy petition, schedules and statements must be delivered by the debtor or his/her attorney to the chapter 7 trustee.

C. Eligibility, Registration, Passwords. Attorneys admitted to the bar of this Court (including those admitted pro hac vice), United States trustees and their assistants, private trustees, and others as the Court deems appropriate, may register as Filing Users of the Court's ECF System. If the Court in a particular case permits, a party to a pending action who is not represented by an attorney may register as a Filing User in the ECF System solely for purposes of the action. If, during the course of the action, the party retains an attorney who appears on the party's behalf, the attorney must advise the Clerk to terminate the party's registration as a Filing User upon the attorney's entry of appearance.

Registration is in a form prescribed by the Clerk and requires the Filing User's name, address, telephone number, Internet e-mail address, and, in the case of an attorney, a declaration that the attorney is admitted to the bar of this Court. Once registration is completed, the Filing User will receive notification of the user's log-in and password. Filing Users agree to 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.

Registration as a Filing User constitutes, in any case in which the Filing User has entered an appearance: a waiver of the right to receive notice by first class mail or personal service and consent to receive notice electronically, except with regard to service of a summons and complaint under Fed. R. Bankr. P. 7004. This waiver specifically includes waiver of service and notice by first class mail of entry of an order or judgment under Fed. R. Bankr. P. 9022.

Once registered, a Filing User may withdraw from participation in the ECF System only by providing the Clerk's Office with written notice of withdrawal.

D. Form of Filing. All documents filed electronically using the ECF System must be filed in a PDF format which allows the Court and other parties to perform a full text search, except that documents received by the filing party from an outside source may be scanned into a PDF format and filed as a document that will not be fully text searchable. Each document which is filing electronically must be done in accordance with the system's instructions and must be properly identified in the system when filed.

Proposed forms of orders must be filed as a separate document.

A Certificate of Service filed as part of a motion, application, objection or other request for relief should be included as part of the motion when filed electronically.

Exhibits and attachments, not exceeding ten (10) pages shall be filed as separate PDF files. They shall contain the case name and number and a brief description of the document to which they relate at the top of the first page of the exhibit or attachment or on a cover sheet in front of the exhibit or attachment.

E. Filing on Disc or by Scanning Permissible. The Clerk shall provide reasonable alternative access during regular business hours for those who are not Filing Users to allow such persons to file documents electronically. The Clerk shall accept paper documents from pro se parties at the Clerk's Office and the pleadings will be scanned into the ECF System by the Clerk's Office personnel. All attorneys shall be required to file electronically.

The Clerk shall accept documents filed on disc in a PDF format. Documents must be filed in a format that allows the Court to perform a full text search, except that documents received by the filing party from an outside source may be scanned into a PDF format and filed as a document that will not be fully text searchable. For example, a motion drafted by the filing attorney must be fully text searchable, but attachments to the motion such as mortgages, deeds, and other supporting documentation provided to the attorney by his client may be scanned.

Only matters pertaining to one bankruptcy case or adversary proceeding shall be filed on a particular disc. Bankruptcy petition documents on disc shall be filed on one disc as separate PDF files as follows: (A) one PDF file containing the petition together with schedules, statements, and the Attorney Fee Disclosure Statement, if any; (B) one PDF file containing the chapter 13 Plan, if any; (C) one text file containing the names and addresses of creditors and other parties in interest filed in compliance with the Clerk's Special Requirements for Mailing Matrixes.

Proposed orders must be filed as a separate PDF document when a motion, application, objection or other request for relief is filed on disc or scanned at the Clerk's Office.

A Certificate of Service filed as part of a motion, application, objection or other request for relief should be included as part of the motion in one PDF document. Documents filed on disc that require signatures must include the typed name of the signatory preceded by "/s/" in the space where the signature would otherwise appear.

The Clerk shall transfer documents into the ECF System which are submitted by disc or scanned and make a corresponding docket entry. The Clerk shall discard the disc.

F. Effect of Electronic Filing. Submission of a document through electronic filing, on disc or by scanning in the Clerk's Office constitutes filing of the document for all purposes of the Fed. R. Bankr. P. and the LBR and constitutes entry of the document on the docket kept by the Clerk under Fed. R. Bankr. P. 5003. The official record is the electronic recording of the document as stored on the ECF System, and the filing party is bound by the document as filed.

A document filed electronically by a Filing User is deemed filed at the date and time stated on the Notice of Electronic Filing from the Court. For documents that have been filed on disc or by scanning, the date of filing shall be the date and time the disc or scanned document is received by the Clerk.

Filing a document electronically must be completed by midnight local time on the applicable deadline for filing. Filing a document by disc or by paper to be scanned must be completed by the close of the Clerk's Office on the applicable deadline for filing.

G. Signatures. The user log-in and password required to submit documents to the ECF System serve as the Filing User's signature on all electronic documents filed with the Court. They also serve as a signature for purposes of the Fed. R. Bankr. P., including specifically Rule 9011, the LBR, and any other purpose for which a signature is required in connection with proceedings before this Court.

Electronically filed documents must comply with Rule 9011 and include the name, address, telephone number, and attorney's state bar registration number, if applicable. In addition, the name of the Filing User under whose log-in and password the document is submitted must be preceded by a "/s/" and typed in the space where the signature would otherwise appear. Failure to comply with these requirements may result in the Court striking the unsigned document from the record.

No Filing User or other entity may knowingly permit or cause a Filing User's password to be used by anyone other than an authorized agent of the Filing User. A Filing User's password and login may be revoked by the Court for violation of these procedures, or for any other reason.

1. Signature of the Debtor: The signature of the debtor(s) authorizing the filing of the bankruptcy case shall be accomplished by filing an original executed paper version of the Declaration Re: Electronic Filing, LBF 1, at the time the petition is filed. Both debtors must sign the authorization when a joint petition is filed. The petition may be dismissed if the declaration is not filed. 2. Documents Requiring More than One Signature: When a settlement agreement or similar document that requires signatures from more than one party is filed electronically, then the document bearing all the necessary signatures: (1) may be scanned; (2) may be filed in a PDF format provided that the filing user certifies that all parties whose signatures are required have consented to the document and endorsed the filing; or (3) in any other manner approved by the Court. LBF 26, Settlement and Certification of Counsel, must be filed with the document attached. 3. Duty to Maintain Original Signed Documents: Documents that are electronically filed and require original signature (including the original signed bankruptcy petition) must be maintained in paper form by the filing party until six (6) years after all time periods for appeal expire and all appeals have been concluded. On request of the Court or a party in interest, the filing party must provide the original documents for review. Failure to maintain documents for the specified period shall subject the Filing User to sanctions including, without limitation, disgorgement of fees. This requirement also applies to any document for which statute, rule, or Court order requires an original signature.

H. Service of Documents by Electronic Means. 1. Requirement of Service of Notice that Pleading Has Been Filed: Each entity electronically filing a pleading or other document must serve all parties in interest with the Notice of Electronic Filing issued to the Filing User by the ECF System. 2. Electronic Notice of Filing: Electronic transmission of the Notice of Electronic Filing constitutes service of the filed document and notice that it has been filed. 3. Service by Other Means: The Filing User must serve parties in interest who have not received an electronic copy of the Notice of Electronic Filing in accordance with the Fed. R. Bankr. P. Such service must include the Notice of Electronic Filing and a copy of the document which was filed.

I. Notice of Court Orders and Judgments. All signed orders will be filed electronically by the Court or Court personnel which will have the effect of entry of the Order pursuant to Fed. R. Bankr. P. 5002 and 9021. Any order filed electronically without the original signature of the Judge still has the same force and effect as if the Judge's signature had been affixed to a paper copy of the order and it had been docketed in a conventional manner.

Immediately upon the entry of an order or judgment in an action assigned to the ECF System, the Clerk will transmit to Filing Users in the case, in electronic form, a Notice of Electronic Filing. Electronic transmission of the Notice of Electronic Filing constitutes the notice required by Fed. R. Bankr. P. 9022. The Clerk or such other person as the Court or Rules may direct must give notice in paper form to all interested parties in the case who have not consented to electronic service in accordance with the Fed. R. Bankr. P.

J. Technical Failures. 1. A Filing User whose filing is made untimely as a result of a technical failure of the ECF System may seek appropriate relief from the Court. 2. Confirmation that ECF System is Inaccessible: If a Filing User is unable to access the ECF System due to a technical failure of the ECF System itself or the Court's server, the filing party must: a. First obtain confirmation from the Clerk's Office that the ECF System is inaccessible. b. Then contact the Courtroom Deputy of the Judge to whom the case is assigned and state the reason why an immediate filing is necessary. The Courtroom Deputy will advise the filing party whether filing should be made by other means.

K. Public Access. Any person or organization may access the ECF System through the Court's Internet site (http://www.vid.uscourts.gov/) by obtaining a PACER log-in and password. Anyone who has PACER access but who is not registered as a Filing User may retrieve docket sheets and documents but may not file documents. Information posted on the ECF System must not be downloaded for uses inconsistent with the privacy concerns of any person or party.

L. Use of ECF System for a Limited Purpose. A password may be issued to a Limited Filing User for the limited purpose of filing proofs of claim, reaffirmation agreements, withdrawal of claims, transfers of claims, and/or objections to transfers of claims on the ECF System (a "Limited Password"). When filing documents electronically, the Limited Filing User must follow the Bankruptcy Code, Fed. R. Bankr. P., the LBR, and the LBF. When filing a transfer of a proof of claim that has been previously filed, the Limited Filing User must state the claim number, as shown on the Claims Register. If a proof of claim has not been previously filed, it should be so noted on the transfer of claim.

A Limited Filing User will not receive electronic notification of all documents and docket activity in the case.

To be eligible for a Limited Password, the applicant must be registered as an ECF System participant in another district or attend ECF System training provided by the Clerk. Parties who are not attorneys may receive a Limited Password. The Limited Filing User and a representative of his firm (if he is not an attorney but works for a law firm) must complete a Limited Filing User Registration Form and Agreement in order to receive a Limited Password. The Limited Filing User must complete an evaluation with the Clerk prior to obtaining a login and Limited Password. The Limited Filing User must provide to the Clerk two additional contacts at the firm whom the Clerk may contact in the event the Limited Filing User is not available. The Limited Filing User's firm is responsible for all electronic filings made by the Limited Filing User.

A party's use of the Limited Password constitutes the Limited Filing User's signature on any document electronically filed by it. All documents filed by the Limited Filing User and all documents bearing the imaged signature of any signer on whose behalf the documents are filed must be maintained in accordance with LBR 1002-2(G). A Limited Filing User may only file documents signed by the Limited Filing User or a member of the firm employing the Limited Filing User or on behalf of a third party only with the express authorization of the entity on whose behalf the document is being filed.

By using the Limited Password, the Limited Filing User is certifying that: (A) the Limited Filing User is authorized to file the document(s) on behalf of his firm; (B) his firm is the same entity stated on the Limited Filing User's application for a Limited Password; and (C) the firm has the authority to file documents as an agent of the party on whose behalf the document is filed.

The Limited Filing User (and his firm) must notify the Clerk immediately if the Limited Filing User is no longer an employee of the firm, ceases being an agent of the firm, or no longer has authority to file on the firm's behalf.

The Clerk may terminate a Limited Filing User's log-in and password at any time without prior notice if the Clerk deems such action necessary.