Local Rule 5005-1: FILING OF PETITIONS, PLEADINGS AND OTHER PAPERS

RULE 5005-1 FILING OF PETITIONS, PLEADINGS AND OTHER PAPERS

(A) Filing in Proper Division

(1) Petitions: A petition seeking relief under the Bankruptcy Code shall be filed in the division in which the debtor's domicile, residence, principal place of business or principal assets were located for the greater part of the 180 days immediately preceding the filing of the petition.

(2) All Other Documents: All motions, pleadings, complaints and other documents relating to a bankruptcy case or proceeding shall be filed in the divisional office of the court in which the bankruptcy case is pending.

(B) Judge Assignments: In the ordinary course, judges are randomly assigned overnight for cases filed the immediately preceding day.

(1) In the event of a voluntary or involuntary petition, if a hearing is required on the petition date or the date immediately following the petition date, the debtor or petitioning creditor(s) may contact either courtroom deputy for the division in which the petition is filed to request an off-schedule judge assignment.

(2) In the event of any other matter, including miscellaneous proceedings, the movant may contact either courtroom deputy for the division in which the proceeding is pending to request an off-schedule judge assignment.

(3) In the event of the filing of a Mega Case, judge assignment will occur as set forth in Exhibit 16, Procedures for Assignment and Administration of "Mega Cases" in the Eastern District of Virginia, which is promulgated by Local Bankruptcy Rule 1075-2.

(C) Proponent to be Member of Bar: Any attorney offering a petition, pleading or other document other than a request for notices under FRBP 2002(g) or as provided in LBR 9010-1, for filing on behalf of a client, must be a member in good standing of the bar of this Court.

(D) Requirements of Form: All petitions, pleadings and other documents offered for filing shall meet the following requirements of form unless submitted as provided for by an electronic means established by the Court:

(1) Legibility: Documents shall be plainly and legibly typewritten, printed or reproduced on one side of the paper only.

(2) Caption, Official Forms: The caption and form shall be in substantial compliance with the Federal Rules of Bankruptcy Procedure, Official Forms and Local Bankruptcy Rules. Each document filed, except the petition, shall bear the debtor's name, the case number, chapter and adversary proceeding number, if applicable.

(3) Size, Margins, etc.: Documents, including attachments and exhibits, shall be of standard weight and letter size (8 1/2 by 11 inches), photo-reduced if necessary, with a top margin of not less than 1 1/2 inches. All multi-page pleadings and documents shall be fastened into sets at the top.

(4) Signature Required: All petitions, motions, pleadings and other documents shall be signed by counsel of record, or another attorney in the same firm, who shall have been admitted to practice before this Court. Pro se individuals shall sign on their own behalf. All documents submitted on behalf of corporations, other than proofs of claim, shall be signed by counsel.

(5) Identification of Attorney: On the first page of each pleading or other document filed with the Court, the attorney filing the same shall be identified by name, State Bar number, complete mailing address, telephone number and the name of the party whom the attorney represents.

(6) Filing of Faxed Petitions, Pleadings and other Documents: Petitions, pleadings and other papers that have been transmitted by facsimile equipment may be filed with the Court except for the List of Creditors, which must be in the format specified by the Clerk as required under LBR 1007-1(H). Once filed, the faxed document constitutes the original and no other copy bearing an original signature should later be filed. All applicable filing requirements must be met, including the payment of any filing fee due.

(7) Acknowledgment Copy: To receive acknowledgment of filing of a petition, pleading or other document, an extra copy must be submitted. If the acknowledgment copy is to be returned by mail, a self-addressed, stamped envelope, large enough to accommodate the copy being returned, must be included with the filing. Failure to submit the additional copy and/or the stamped, self-addressed envelope will result in the acknowledgment copy not being returned.

(8) Proof of Service: Proof of service must be made by declaration of the person accomplishing the service. That declaration shall include the following information:

(a) The day of service;

(b) The specific persons and or entities served;

(c) The method of service employed (e.g., personal, mail, substituted, etc.);

(d) Identification of the documents served;

(e) The exact address at which service was made; and

(f) The capacity in which the person was served.

The full names and addresses should be listed for each person or entity served, including when service is made upon the list of the 20 largest unsecured creditors and insured depository institutions as required under FRBP 7004(h). Service copies shall contain a complete certificate of service, including names and addresses of parties served, if the number of persons and parties served is 25 or fewer. When service is made on more than 25 persons or parties, the certificate of service attached to the service copies need not contain the complete list of names and addresses, but may reference a service list attached to the original filed with the court.

(E) Additional Requirements: The following requirements are in addition to those set out in paragraphs (A) through (C) of this Local Bankruptcy Rule unless provided for by an electronic means established by the Court:

(1) Voluntary Petitions: Each petition filed must include an unsworn declaration with the original signature of all debtors and must be verified by the signature of the debtor's attorney, if any. More than one entity cannot be listed as the debtor, except that spouses may file a joint petition. Each petition filed must be accompanied by:

(a) a List of Creditors, in the form at specified by the Clerk, as required by LBR 1007-1(H);

(b) a verification by signature of the attorney for the debtor and an unsworn declaration with the signature of all debtors;

(c) if the debtor is a corporation, the petition must be signed by an attorney and be accompanied by a copy of the corporate resolution authorizing the filing as required by LBR 1074-1; and

(d) if a chapter 11 petition, the List of Creditors Holding 20 Largest Unsecured Claims, as required by LBR 1007-1(G).

(2) Complaints: Each complaint commencing an adversary proceeding must be accompanied by:

(a) the proper filing fee and

(b) a properly completed Adversary Proceeding Cover Sheet as provided in LBR 7003-1, if counsel is permitted by the Court to file a complaint other than through the Case Management/Electronic Case Files System, or if the complaint is filed by a pro se litigant.

(3) Motions for Relief from Stay: Each motion for relief from stay must be accompanied by:

(a) the proper filing fee and

(b) proof of service indicating service of the motion upon the parties required to be served pursuant to LBR 4001(a)-1(F).

(4) Claims: Each proof of claim presented for filing must specify the name of the debtor and the applicable bankruptcy case number and must be properly signed by the claimant or the claimant's authorized agent.

(5) Amendments: Each amendment filed shall be accompanied by a properly completed Amendment Cover Sheet, as required by LBR 1009-1(A).

(6) Chapter 13 Plan: As required by LBR 3015-2, each Chapter 13 Plan and Related Motions presented for filing shall be accompanied by a properly completed proof of service.

(F) Original Signatures

(1) Filings Requiring Original Signatures. The following documents require original signatures:

(a) any paper that must be verified or contain an unsworn declaration as provided in 28 U.S.C. § 1746 pursuant to Federal Rule of Bankruptcy Procedure 1008; and

(b) any declaration, affidavit, other paper in which the signatory verifies, certifies, affirms, or swears under oath or penalty of perjury the truth of the matters set forth in that paper.

(2) Authorized Forms of Original Signature. The following constitute original signatures on the documents identified in subparagraph (F)(1):

(a) a wet ink signature;

(b) an image copy of the document containing a wet ink signature; or

(c) a digital signature generated via a commercially available software product that uses encryption and/or multi-factor authentication to create a secure electronic signature that uniquely identifies the signer and ensures that the signature is authentic and has not been altered or repudiated.

(G) Notice of Deficient Filing: The Clerk shall review each filing for compliance with the requirements of these Local Bankruptcy Rules. Those pleadings or other documents not meeting the requirements of these Local Bankruptcy Rules may receive a Notice of Deficient Filing allowing for 14 days to correct the deficiency. Failure to cure the deficiency within the time allowed shall result in the pleading or other document being stricken without further notice. Notwithstanding the foregoing, in the case of a petition or a notice of voluntary conversion, the Clerk shall issue a notice that the debtor either must (1) cure the deficiency within 14 days of the mailing or delivery of such notice; or (2) attend a hearing to explain why the case should not be dismissed, unless excused by the Court or the Court deems the deficiency cured and cancels the hearing.

(H) Rejection of Petitions, Pleadings and Other Papers: [Repealed]

(I) Judicial Conference Policy Regarding Public Access to Electronic Case Files: [Repealed]

Comments Paragraph (C)(4) is amended to clarify who may sign pleadings on behalf of counsel of record. [Changes effective 1/1/97]

Paragraph (C)(6) is new. Although the court does not accept fax filings directly to its own fax machines, it will, with the adoption of this local bankruptcy rule, accept for filing papers that originated from a fax machine. Since the faxed petition, pleading or other paper constitutes an original, no other "original" should later be filed. Papers intended for filing with the court could be sent to a fax machine at the court's onsite copy service, some other copy or courier service, a law firm, or other third party. As before, the actual filing takes place when the paper is received by the Clerk's Office. [Changes effective 1/1/97]

5005-1(C) Changes have been made to allow for the filing of documents by electronic means provided under FRBP 5005(a)(2). For more detail on how this has been implemented on a pilot basis in the Alexandria Division see the "Order Adopting Electronic Case Filing Procedures" attached as Exhibit 3 and the "Administrative Procedures for Electronically Filed Cases" attached as Exhibit 4. It is planned that the ability to file electronically will expand to the other divisions during 1999.

5005-1(C)(3) Additional language noting the requirement that certain filings be pre-punched with two holes at the top as prescribed by the Judicial Conference. Sufficient top margin should be allowed so that neither the caption nor text is destroyed or obscured.

5005-1(C)(6) This revision is due to the problems encountered while trying to scan a faxed list of creditors and the addition of LBR 1007-1(I) which requires the list to be filed on diskette. The Instructions for Preparing Lists of Creditors has been updated to reflect this change.

5005-1(C)(7) The purpose of this addition is to clearly set forth the need for an extra copy of the item filed as well as a self-addressed, stamped envelope in order for an acknowledgment copy to be sent.

5005-1(C)(8) This addition deals with the concern in bankruptcy cases involving the adequacy of notice. In many instances, the question of proper notice could not be determined by review of the movant's certificate of service. Instead of specifically naming the intended recipients of the pleading, the certificate of service often merely indicated that service was made upon "all parties in interest" or "all necessary parties." In addition, movants often did not attach a copy of the certificate of service to the service copies of the document. It is then impossible for the Court and other affected parties to determine who was served with the document in question.

5005-1(D) This is one of the changes made to allow for the filing of documents by electronic means provided under FRBP 5005(a)(2). For more detail on how this has been implemented on a pilot basis in the Alexandria Division see the "Order Adopting Electronic Case Filing Procedures" attached as Exhibit 3 and the "Administrative Procedures for Electronically Filed Cases" attached as Exhibit 4. It is planned that the ability to file electronically will expand to the other divisions during 1999.

5005-1(D)(4) Revision providing information on the number of copies required when a claim is filed.

5005-1(D)(6) Revision required to conform with the changes to LBR 3015-2.

5005-1(F) Addition based on a decision by the Judges to clearly state that filings not accompanied by the proper filing fee will be rejected by the Clerk's Office.

5005-1(C)(8) The current LBR requires names and addresses in all circumstances with regard to the proof of service. While this is not a burden in small cases, it is in larger cases. Therefore, this change notes that if there are more than 25 names, service copies need only refer to the service list filed with the original. [Change effective 2/1/00.]

5005-1(G) This paragraph is new. It addresses the privacy policy promulgated by the Judicial Conference of the United States regarding public access to electronic case files. [New rule effective 01/01/04.]

5005-1(B) A stylistic change has been made to conform this rule provision. [Change effective 10/17/05.]

5005-1 Paragraph (F) is repealed in light of new LBR 1006-3. [Change effective 9/1/06.]

5005-1 The amendment to subparagraph (D)(1)(a)(ii) is technical in nature and clarifies the type of application referenced. [Change effective 9/1/06.]

5005-1 Subparagraphs (D)(1)(a), (b), (c) and (f) are repealed. Subparagraphs (D)(1)(d), (e), (g) and (h) are re-designated as subparagraphs (D)(1)(a), (b), (c) and (d), respectively. Subparagraphs (D)(3)(b) and (d) are repealed. Subparagraph (D)(1)(c) is re-designated as subparagraph (D)(1)(b). Paragraph (D)(7) is repealed. Paragraph (D)(4) is amended. Paragraph (G) is repealed. A technical change has been made at subparagraph (D)(2)(b). In addition, a time-computation adjustment has been made to paragraph (E) to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Repeals and changes effective 12/01/09.]

5005-1(C)(6) Technical and stylistic changes are made to paragraph (C)(6) of the rule. [Changes effective 12/1/15.]

5005-1(D)(2) This rule provision is amended to conform to the amendment made to LBR 7003-1. [Change effective 12/1/15.]

5005-1 Paragraph (E) of this rule provision is amended as a result of the holding in No v. Gorman, 891 F.3d 138 (4th Cir. 2018). [Changes effective 11/15/19.]

5005-1 New paragraph (B) to this rule, being provisional in nature, is subject to later modification or abrogation, as the circumstances may require. This paragraph applies to those voluntary and involuntary petitions (where the latter is allowed) in all operating chapters of the Bankruptcy Code (except chapter 9), which would require an off-schedule judge assignment. Paragraph (B)(2) addresses other events, including miscellaneous proceedings, which also would require an off-schedule judge assignment. Current paragraphs (B) through (G), inclusive, are re-designated paragraphs (C) through (H), inclusive. [New Paragraph (B) and other changes effective 04/26/2021.]

5005-1(B)(3) This rule provision is new and references Exhibit 16, Procedures for Assignment and Administration of "Mega Cases" in the Eastern District of Virginia. That exhibit is promulgated by new Local Bankruptcy Rule 1075-2. [New Subparagraph (B)(3) effective 2/15/22.]

5005-1 Paragraph (E)(1) is amended to add the word "original" to become the term "original signature" and the term "spouses" is substituted for the term "husband and wife." Paragraph (F)(2) expands the definition of the term "original signature" to include the forms of signature set forth therein such that its meaning is not confined to a wet signature only. Former paragraphs (F), (G) and (H) are redesignated paragraphs (G), (H) and (I). [Changes effective 06/01/23.]

5005-1(B) This paragraph is amended to remove the label and status of same as "Provisional." [Change effective 08/01/23.]

5005-1(C) Paragraph (C) is amended to include, additionally, the exceptions set forth in Rule 9010-1 to the requirement that a proponent be a member in good standing of the bar of this Court. [Change effective 08/01/23.]

5005-1(G) This rule is amended to delete language concerning a request for hearing on a Notice of Deficient Filing where there is no entitlement to same and to clarify that if a pleading deficiency thereunder is not cured timely, the pleading will be stricken by the Clerk. The amendments further remove language concerning the filing of a response to a notice of deficiency regarding a petition or notice of voluntary conversion; and to permit the Court to either excuse a debtor from the deficiency hearing or to cancel the hearing if appropriate in the event of an untimely cured deficiency. [Changes effective 08/01/23.]