Local Rule 5005-1: Electronic Record; Files of the Court

LOCAL RULE 5005-1 Electronic Record; Files of the Court

(a) Electronic Record Is the Official Record. The electronic record maintained by the Clerk in the Court's Electronic Case File (ECF) System is the official record of the Court for all eligible documents filed with the bankruptcy court in this district as follows: for all eligible documents filed in chapter 7 cases and related proceedings, on or after January 1, 2003; for all eligible documents filed in chapter 13 cases and related proceedings, on or after July 1, 2003; and for all eligible documents filed in chapter 9, 11, and 12 cases and related proceedings, on or after November 3, 2003.

(b) Electronic Filing Mandatory. Except as provided in Subpart (d) below, all documents shall be submitted for filing in electronic form in strict compliance with instructions of the Clerk in a format approved by the Court.

(c) Filing Proofs of Claim by Electronic Means Directly with the Court. In all cases, proofs of claim may be filed by electronic means directly with the Clerk of Court through the court's website according to those guidelines established by the Clerk. When filing proofs of claim, the claimant shall comply with the requirements of Bankruptcy Rule 3001(c) and (d). The filing of a proof of claim by electronic means directly with the Clerk shall constitute the filing claimant's approved signature by law, and the provisions of 18 U.S.C. § 152(4) shall apply to the filing of a proof of claim under this procedure.

(d) Exceptions to and Waivers of Requirement to File Documents in Electronic Form.

1) Pro Se Exception. Except as provided in Subpart (c), all unrepresented persons, sometimes referenced as "pro se litigants" or as "persons appearing in propria persona," shall file and serve paper documents, except that they may use the Court's Electronic Self-Representation (eSR system) to lodge new Chapter 7 and 13 petitions and the Court's Debtor Dropbox to lodge subsequent documents that do not require a filing fee with the Clerk's Office in electronic format. Documents lodged with the Court via the eSR System are not considered filed with the court until the debtor has submitted a signed Declaration Regarding Electronic Filing through the Court's Electronic Self-Representation System (Form EDC 5-005), Your Statement About Your Social Security Numbers (Form B121), Master Address List, and Verification of Master Address List (Form EDC 2-100) to the Court, and the petition has been reviewed and entered on the docket by the Clerk's Office staff. Documents lodged with the Court via the Debtor Dropbox are not considered filed with the Court until they have been reviewed and docketed by the Clerk's Office staff. For example, if a debtor lodges a petition via the eSR System or documents in the Debtor Dropbox on a Saturday, and the Clerk's Office reviews and dockets these documents on the following Tuesday, the documents will be considered filed on that Tuesday.

Additionally, documents that require payment of the fee may not be submitted using the court's Debtor Dropbox but should be submitted in paper format at the front counter or by mail to one of the court's divisional offices.

2) Attorney and Trustee Waivers. Attorneys who regularly practice and trustees assigned cases in the Eastern District of California shall register as users of the Court's electronic filing system and file documents in electronic form, provided, however, that an attorney or trustee may apply for a waiver of this requirement. A request for waiver shall be submitted as an ex parte application supported by a declaration demonstrating cause for relief from the requirement to file in electronic form. The decision to permit the filing of paper documents is in the sole discretion of the Court and may be cancelled at any time upon notice to the attorney.

(e) Scanning and Disposition of Paper Documents. Paper documents filed pursuant to Subpart (d)(1) or (d)(2) of this Rule shall promptly be scanned by the Clerk into electronic form. Once scanned and made part of the ECF system, the paper documents may be discarded.

(f) Violations. The Clerk shall not refuse to file any proffered paper document submitted in violation of this Rule, but following scanning into electronic form, shall bring such paper document to the attention of the Court. Any attorney or trustee who files a document in violation of this Rule may be subject to monetary or non-monetary sanctions.

(g) Time of Filing.

1) Documents Submitted on Paper. A document submitted on paper shall be deemed filed when the Clerk takes physical possession of such document.

2) Documents Submitted in Electronic Form. Documents submitted in electronic form shall be deemed filed as of the date and time stated on the Notice of Electronic Filing issued by the Clerk.

3) Technical Failures Affecting Filing of Documents in Electronic Form. Technical failure shall not alter the registered user's responsibility to comply with all applicable filing deadlines, provided, however, that a registered user whose electronic filing is made untimely as the result of a documented, technical failure of the Court's electronic filing system may seek appropriate relief from the Court.