Local Rule 5005-4: ELECTRONIC FILING

RULE 5005-4. ELECTRONIC FILING

(a) Electronic Filing Generally. The court uses an Electronic Case Filing (ECF) system, as integrated with the Case Management (CM) component, that allows, accepts, and routes remote filings via internet access to electronic court files. Except as otherwise provided by these rules or the court, all documents submitted for filing must be filed electronically by a Registered User or scanned and uploaded by the clerk into the ECF system. No paper file is maintained by the clerk and if a paper document is submitted for filing and is scanned into the ECF system by the clerk, the clerk may thereafter dispose of the paper document. Documents may be filed, signed, or verified by electronic means that are consistent with technical standards established by the Judicial Conference of the United States and these rules. Only attorneys, trustees in bankruptcy, creditors, and claims agents may become Registered Users.

(b) Electronic Filing by Attorneys.

(1) Mandatory Registration for Attorneys. All attorneys practicing in this court must register as a Registered User of the ECF system and file their documents electronically through the ECF system. Any attorney desiring to file a document in the traditional manner must file with the document a motion for leave to do so, alleging the facts and circumstances that the attorney believes constitute good cause for suspending the operation of the preceding sentence. The motion must be accompanied by a proposed order, approved for entry by the movant.

(2) Effect of Registration. Registration by an attorney for the ECF system constitutes— (i) waiver of the right to receive notice by first class mail and consent to receive notice electronically; (ii) waiver of the right to service by personal service or first class mail and consent to electronic service, except with regard to service of a summons and complaint under Fed. R. Bankr. P. 7004; and (iii) consent to electronic notice of the entry of a judgment or order under Fed. R. Bankr. P. 9022(a).

(3) Termination or Withdrawal of Registration. After notice and hearing, the court may terminate a Registered User's use of ECF for cause, including abuse of ECF or failure to comply with these rules, and impose such sanctions as are appropriate. A Registered User who desires to withdraw from participation in the ECF system must provide written notice of the request to the clerk of court, who will immediately cancel the Registered User's account and delete the Registered User from any applicable electronic service list.

(c) Registration Process. An individual desiring to register to file documents electronically via CM/ECF must—

(1) Registration Form. Complete and submit the appropriate registration form. The form is available on the court's website, www.tneb.uscourts.gov. If information regarding an email address, mailing address, or phone number provided in the individual's registration form changes, the individual is responsible for updating that information in CM/ECF via PACER.

(2) Training. Complete a training session provided by the clerk of court, who will notify the registrant of the available times and places for the training session. Law office staff who are not attorneys or trustees may attend ECF training without registration but are not eligible for their own separate login or password without completing all steps in this rule. The clerk may waive the training requirement if the individual represents on the registration form that the individual— (i) is currently an ECF registered user in another bankruptcy court; (ii) has reviewed a copy of this court's local rules; and (iii) understands that all electronic filings are subject to these rules.

(3) Log-in and Password. Submit a request for e-filing registration via PACER to the United States Bankruptcy Court for the Eastern District of Tennessee. After the clerk of court grants e-filing access, the individual will be a Registered User, as this term is used in these rules, and allowed to file documents electronically. The username and password issued by PACER for electronic filing should only be used by the Registered User to whom the password is assigned and authorized agents and employees of the Registered User. No Registered User may knowingly permit his/her password to be used by anyone who is not authorized to use the password, and no person may knowingly use the password of a Registered User unless such person is so authorized. In the event a Registered User suspects or knows that the security of the password has been compromised, the Registered User should immediately notify the clerk of court and obtain a new log-in and password.

(d) Fees. Unless otherwise permitted by the clerk of court, fees for the electronic filing of any paper requiring a filing fee must be paid by the Registered User by credit card, debit card, or Automated Clearing House (ACH) through ECF. Any transaction declined for any reason must be paid by the Registered User in cash, by check, or by money order by the close of business on the next business day after notification of the deficiency by the clerk of court.

(e) Format. Documents filed in the ECF system must be in Portable Document Format (PDF), a standard document creation format created by Adobe Systems, Inc. (Adobe). PDF documents can be created using Adobe Acrobat, or word processing programs such as Microsoft Word, or with stand-alone software from other vendors. Each of these allow a user to "print" a document to a PDF file electronically so page layout and other formatting is preserved. Documents in PDF format can be read using the free Acrobat Reader from Adobe, or by some other third-party tool. PDF documents should comply with Adobe guidelines for accessibility. The PDF standard also permits documents to be created by scanning a document to create an image file. However, when a scanned document is converted to a PDF file, the resulting image is much larger than a PDF of equal length created by converting a text file. When the Registered User is filing a document using the ECF system, it will take longer to transfer that image file from the user's computer to the court's servers, and to download and view that document. Image files also take up much more space on the court's servers and cannot be searched as text-based files can, and scanned documents are generally less legible than documents converted from word processor files. Therefore, if possible, the Registered User should avoid filing imaged documents. If imaged documents must be filed, their size should be minimized by scanning the document at 300 dpi and documents should be in black and white or, if shading is required, in grayscale. Color should be used only when absolutely necessary.

(f) Time of Filing. Filing a document electronically does not alter the filing deadline for that document. An electronic filing is timely if it is entered into ECF before midnight of the due date, Eastern Standard Time when it is in effect and Eastern Daylight Savings Time when it is in effect. The court may enter an order setting a different time of the due date as the filing deadline and, if the court does so, timeliness requires filing not later than the time set by the order. A document electronically filed is deemed filed at the date and time stated on the Notice of Electronic Filing (NEF) generated by the ECF system.

(g) Docket Entries.

(1) By Registered Users. A Registered User electronically filing a document must designate a docket entry title from the list provided by the clerk. This action constitutes an entry on the official court docket as provided in Fed. R. Bankr. P. 5003(a).

(2) Error Corrections. Once a document is submitted and becomes part of the case docket, corrections to the docket may be made only by the clerk's office. In the event a Registered User realizes an error in filing has been made, such as attaching the wrong PDF file to a docket entry, selecting the wrong document type from the menu, or entering the wrong case number, the Registered User must not attempt to correct the error or refile the document. Rather, the Registered User should immediately contact the clerk's office. If appropriate, the clerk of court will make an entry indicating that the document was filed or entered on the docket in error. The Registered User will be advised if the document should be refiled. The ECF system will not permit a Registered User to make changes to a document or docket entry filed in error once the transaction has been accepted.

(3) Virtual Documents. A virtual document consists entirely of the text contained in the docket entry and is not embodied in any other document. The docket entry for the virtual document will be fully effective despite the absence of a hard document. Examples of a virtual document include a Chapter 7 trustee's no asset and abandonment report and a meeting of creditors proceeding memorandum.

(4) Technical Failures. Problems with the Registered User's system, such as problems with the Registered User's internet service provider or hardware or software problems, will not excuse an untimely filing. However, a Registered User whose filing is made untimely as the result of a technical failure of the ECF system may seek appropriate relief from the court. Known system outages (generally for maintenance and system upgrades) will be posted to the court's website with as much advance notice as possible.

(h) Signatures.

(1) Signature of Registered User. Every electronically-filed document must include the signature of the Registered User under whose log-in and password the document was filed and the information required by E.D. Tenn. LBR 9011-4. Except as provided in paragraph (2) below, the signature of a Registered User on an electronically-filed document is indicated by an image of the signature that can be viewed in ECF or by an "s/" followed by the typed name of the Registered User in a signature block.

(2) Signatures on Affidavits, Declarations, Verified Documents, and Reaffirmation Agreements. Except as provided in paragraphs 3, 6, and 7 immediately below, each affidavit, unsworn declaration under penalty of perjury, verified document, or reaffirmation agreement filed or submitted for filing must contain actual handwritten signatures. The "s/" type of signature is not permitted on these types of documents. Registered Users filing such documents should scan and file them electronically after they have been signed (and, in the case of an affidavit, signed by the notary public and affixed with a notarial seal).

(3) Signature of Debtor on Petition, Lists, Schedules, Statements, and Other Documents. Any petition, list, schedule, statement, and amendment thereto that requires the debtor's signature may be filed electronically by a Registered User with the debtor's signature indicated as "s/" followed by the typed name of the debtor, provided the debtor has actually signed a copy of the document and the filing attorney retains the signed document as required by paragraph 5 below.

(4) Attorney Representation. Electronic filing of a verified document by an attorney is a representation for the purposes of Fed. R. Bankr. P. 9011 that the person or persons required to sign and verify the document did in fact sign and verify it before it was filed.

(5) Retention of Documents. With respect to the documents described in paragraph 3 above, original documents bearing the debtor's actual signature must be maintained in paper form by the filing attorney until two years after the closing of the case. On request of the court, the attorney must provide such documents for review.

(6) Signatures of Providers of Credit Counseling Briefings and Personal Financial Management Courses. Although approved nonprofit budget and credit counseling agencies providing debtors with services under 11 U.S.C. § 109(h) and providers of instructional courses concerning personal financial management as required by 11 U.S.C. §§ 727(a)(11) and 1328(g)(1) are not Registered Users, the court will accept for filing certificates issued by such entities if such a certificate bears a signature by an "s/" followed by the typed name of the person signing.

(7) Signature of Claimant on Proof of Claim. A proof of claim may be filed, amended, transferred, or withdrawn with the claimant's signature indicated as "s/" followed by the typed name of the claimant, provided that the claimant has complied with subdivision (i) below.

(i) Electronic Filing of Proof of Claim, Amendment to Claim, Transfer of Claim, or Withdrawal of Claim. A proof of claim, amendment to claim, or withdrawal of claim may be electronically filed through the ECF system or the court's website, www.tneb.uscourts.gov. A transfer of claim may be filed electronically only through the ECF system. To file through the ECF system, the filer must register as a Registered User of the ECF system as an attorney, creditor, or claims agent. No person or entity may cause or permit a proof of claim, amendment of claim, transfer of claim, or withdrawal of claim to be filed electronically without the express authorization of the individual whose signature appears on the electronically-filed document and the person or entity on whose behalf the document is being filed. When an individual creditor or employee or agent of any creditor or claims agent electronically files a proof of claim, an amendment to claim, a transfer of claim, or a withdrawal of claim, that individual creditor, employee, or agent certifies— (1) that he or she is authorized to file the proof of claim, amendment of claim, transfer of claim, or withdrawal of claim by the entity on whose behalf the document is being filed; and (2) that the individual whose signature is shown on the proof of claim, amendment of claim, transfer of claim, or withdrawal of claim has authorized such signature and the filing of that document.

(j) Exhibits and Attachments. Unless the court otherwise permits, exhibits or other attachments to a motion, pleading, application, or proof of claim must be submitted in electronic form. A Registered User is encouraged to submit as exhibits or attachments only those excerpts of the referenced documents that are directly germane to the matter under consideration by the court. Excerpted material must be clearly and prominently identified as such. Registered Users who file excerpts of documents as exhibits or attachments under this section do so without prejudice to their right to timely file additional excerpts or the complete document. Responding parties may timely file additional excerpts or the complete document that they believe are germane. The court may require parties to file additional excerpts or the complete document.

(k) Facsimile Filing. Except with the prior, express permission of the court, documents sent by facsimile transmission to the clerk of court or judge's chambers will not be accepted for filing, and any documents received by facsimile transmission without express permission from the court may be summarily destroyed.

(l) Chapter 7 Trustee Report of No Distribution. In lieu of filing a report of no distribution, a Chapter 7 trustee may make an electronic docket entry with appropriate text in such form as is approved by the United States Trustee.

(m) Documents Under Seal. Documents may be filed under seal electronically by filing a motion to seal and uploading the confidential or protected documents using a restricted access event. If the court grants the proposed order that accompanies the motion to seal, the documents will remain restricted. If the court denies the motion, the documents will remain on the docket with restricted access, but a notation will be made that the documents are not to be considered for any purpose. Consequently, if a party wants the documents to be considered by the court, the party will need to refile the documents.

(n) Public Access at the Court. Electronic access to the electronic docket and documents filed in the ECF system is available to the public at no charge at each divisional office of the clerk of court during regular business hours. Although any person can retrieve and view documents in the ECF system and access information from it without charge at the clerk's offices, electronic access to the ECF system for viewing purposes is otherwise limited to subscribers to the PACER system and, in accordance with the ruling of the Judicial Conference of the United States, a user fee will be charged for accessing certain detailed case information, such as reviewing filed documents and docket sheets, but excluding review of calendars and similar general information. Information regarding subscribing to PACER is available at each divisional office of the clerk of court and at the court's website, www.tneb.uscourts.gov.

(o) Conventional Copies and Certified Copies. Conventional and certified copies of electronically-filed documents may be obtained at any of the clerk of court's divisional offices on payment of the fee required by 28 U.S.C. § 1930.