Local Rule RULE 5005-1: FILING REQUIREMENTS
Bankr. E.D. Okla. — General rule
RULE 5005-1. FILING REQUIREMENTS A.Electronic Filing. All documents submitted to the Clerk for filing, regardless of where or when the case or proceeding was originally commenced, shall be filed electronically pursuant to these Local Rules and the CM/ECF Administrative Procedures. The foregoing shall not apply to: (1) documents filed by a pro se party; (2) proofs of claim or interest filed by the claimant or interest holder; or (3) reaffirmation agreements. See also Local Rule 3002-1(A). If paper documents are filed, the Clerk shall scan and upload the images to the CM/ECF System. Documents described in subsection (2) and (3) above may be filed electronically. The electronic filing of a pleading or other paper in accordance with these Local Rules and the CM/ECF Administrative Procedures shall constitute entry of that pleading or other paper on the docket kept by the Clerk under Bankruptcy Rule 5003. Any additional exceptions to this Rule shall be granted by specific order of this Court under extraordinary circumstances and requires a motion be filed with the Court outlining the basis of the request of the exception. The Court may direct the party to obtain limited user status and file electronically. See Local Rule 5005-1(C).
B.Filing Fee. Any document presented for filing without proper provision for payment of the filing fee may not be accepted for filing by the clerk. If a filing fee is not paid on the calendar date that a pleading is electronically filed, the pleading may be stricken. Any fee not timely paid may result in the attorney being denied access to the CM/ECF system until fees are paid. See Local Rules 5080-1 and 5081-1(A) and (B).
C.Registration. Each attorney must register with the Court in accordance with the procedures set forth in the CM/ECF Administrative Guide in order to file pleadings and documents electronically. Registered participants of the CM/ECF System shall be responsible for maintaining current registration information on the CM/ECF System, e.g., mailing addresses, email addresses, etc. See Local Form 5005-1(C)(1) Electronic Case Filing System Registration for Full ECF Participants, Training Waiver Form or Limited Use Password.
D.Conversion; Amendment to Creditor List; Fee. In a Chapter 11, 12, or 13 case that is converted to a case under Chapter 7, no filing fee shall be required for filing the amendment to the Creditor List required by Local Rule 1019-1 (A) if the amendment is filed within fourteen (14) days following the entry of the order converting case or notice of conversion. The debtor shall give notice in compliance with Local Rule 1009-1(D).
E.Certificate of Mailing of a Document. The Notice of Electronic Filing created by the CM/ECF System serves as the Certificate of Mailing of a document whether the original document was filed electronically or in paper format.
1.If all parties who are entitled to receive notice are served by the CM/ECF System, no separate Certificate of Mailing is necessary.
2.For parties not listed on the Notice of Electronic Filing who are entitled to receive notice and parties who are entitled to service pursuant to Bankruptcy Rule 9014(b) and/or 7004, the party serving notice shall either include a Certificate of Mailing in the document certifying the date of service, the manner of service, and the names and addresses of the persons and entities served or file a separate signed Certificate of Mailing, Local Form 2002-1(E) containing the same information. If a separate Certificate of Mailing is filed electronically, the Certificate of Mailing shall specifically identify the document served and the docket entry shall relate the Certificate of Mailing to the document served by docket number. If the Certificate of Mailing is filed in paper form, the following must be attached: (1) a copy of the first page of the document served and (2) a copy of the first page of the Notice of Electronic Filing of the document. See also Local Rule 2002-1(E).
F.Privacy. A party filing a document shall redact the following personal data identifiers appearing in pleadings or other papers filed with the Court: names of minor children (use minors' initials); all but the last four digits of any bank, savings or similar financial account numbers; all but the last four digits of any social security number; and all birth date information except the year. The responsibility for redacting personal identifiers rests solely with the filing party. THE CLERK WILL NOT REVIEW DOCUMENTS FOR COMPLIANCE WITH THIS RULE, SEAL DOCUMENTS CONTAINING PERSONAL DATA IDENTIFIERS WITHOUT A COURT ORDER, OR REDACT SUCH INFORMATION FROM DOCUMENTS.
G.Sealed Documents. Documents to be placed under seal should be filed electronically by using the event "Sealed Document". The documents will be filed, sealed and unavailable to public viewing. The filing party must file contemporaneously with the sealed document a Motion to Seal Document from Public Access. If the Motion to Seal Document from Public Access is granted, the related documents will remain under seal and be maintained by the Clerk's Office as a "Sealed Document" until further order of the Court. The Order of the Court authorizing the filing of such documents under seal will be entered electronically by the Clerk's Office. If the documents are sensitive in nature and should only be seen by judicial personnel, the filer should call the Court prior to filing. If the motion is denied, the documents under seal will be made viewable to the public by the Court and will no longer be under seal.