Local Rule Rule 5005-1: Filing and Transmittal of Papers Filing Papers and Sending Copies to the United States Trustee.

Rule 5005-1. Filing and Transmittal of Papers Filing Papers and Sending Copies to the United States Trustee.

(a) Filing Papers.

(1) Place of Filing With the Clerk.

The clerk shall not refuse to accept for filing any petition or other paper presented for the purpose of filing solely because it is not presented in proper form as required by the Federal Rules of Bankruptcy Procedure or these local rules. The clerk may refuse to accept for filing any Hazardous Paper or Thing as provided in Miss. Bankr. L.R. 5005-1(2)(K), which shall be deemed a reason other than improper form.

(2) (3) Electronic Filing and Signing.

(A) (E) Mandatory Electronic Filing.

The courts for the Northern and Southern Districts have designated all cases to be assigned to the Case Management/Electronic Case Files ("CM/ECF") system. Attorneys who practice in these courts shall register as CM/ECF users. This includes attorneys admitted to the bar of the courts through regular admission or through pro hac vice motion, as well as those attorneys authorized to represent the United States without being admitted to the bar of these courts. United States Trustees, private trustees and others as the courts deem appropriate should also register as CM/ECF users. Registration forms instructions and requirements for CM/ECF are available on the respective courts' websites at the following addresses:

Northern District: http://www.msnb.uscourts.gov Southern District: http://www.mssb.uscourts.gov All documents submitted in all cases and proceedings shall be filed electronically, and signed or verified by electronic means, in compliance with the Administrative Procedures For Electronic Case Filing established and maintained by the respective courts. The clerk's offices for the Northern and Southern Districts shall make available the most current version of their Administrative Procedures for Electronic Case Filing on the respective court's website.

Registration as an attorney, private trustee, or United States Trustee CM/ECF user constitutes consent to receive electronic service or notice of documents filed in the CM/ECF system, except with regard to service of a summons and complaint under Fed. R. Bankr. P. 7004 for adversary proceedings. The Notice of Electronic Filing that is automatically generated by the CM/ECF system will constitute service or notice on registered attorney, private trustee, or United States Trustee CM/ECF users. All other parties must be provided service or notice of any pleading or other document electronically filed in accordance with Federal Rules of Bankruptcy Procedure and these Uniform Local Rules.

(B) (F) Exceptions from Mandatory Electronic Filing.

Unless the petition or other paper presented to the clerk for filing may be refused by the clerk as provided in Miss. Bankr. L.R. 5005-1(2)(K), an unrepresented individual may file pleadings and documents on paper. In addition, a limited or temporary exception may be allowed on an emergency basis when a registered CM/ECF user is unable to access the system via the internet due to technical failures. The courts may establish other exceptions as deemed appropriate. The Administrative Procedures for Electronic Case Filing for each court should be consulted to determine if and when an exception may be available and the procedure for invoking it.

(C) (G) Electronic Files and Duty to Confirm.

Unless the petition or other paper presented to the clerk for filing may be refused by the clerk as provided in Miss. Bankr. L.R. 5005-1(2)(K), any document submitted to the clerk in a paper format shall be converted into an electronic format prior to docketing. It is the duty of the filing party to confirm that such document has been accurately submitted into the court's electronic file. The filing party may confirm such submission by viewing the docket for the case on the monitors provided in the office of the clerk during normal business hours. If no challenge regarding the presentation of the document in the court's electronic file is communicated to the clerk within 14 days of the date of docketing, then the document as docketed is conclusively confirmed as the document submitted, unless otherwise ordered by the court.

(D) (H) Content of Pleadings/Orders.

(i) Motion.

Every motion filed shall have as an attachment a proposed order granting the motion.

(ii) Responsive Pleadings.

Responsive pleadings shall sufficiently identify the underlying motion as well as the docket number of the underlying pleading as shown on the court's official docket entry, i.e., Motion of [name of party] to Lift Stay (Dkt. #23).

(iii) Proposed Orders.

Proposed orders shall sufficiently identify the underlying motion as provided by Miss. Bankr. L.R. 9004-1(b).

(E) (I) Form of Judgments/Orders.

Judgments and orders submitted must (1) be on a separate electronic page or sheet of paper; (2) have the caption of the case, and where applicable, the style of the adversary proceeding; (3) include in the title of the judgment or order the name and description of the motion; and (4) the docket number of the underlying pleading as shown on the court's official docket entry, i.e., Order Granting Motion of [name of party] to Lift Stay (Dkt. #23).

(F) (J) Facsimile Documents.

Documents may not be transmitted by facsimile directly to the clerk's office for filing unless specifically authorized by a judge, the clerk, or the judge's or clerk's designee.

(G) (K) Filing Papers - Size of Papers.

All papers filed with the clerk must be electronically sized to 8 ½ by 11 inches. To the extent possible, all attachments to papers shall be electronically sized to 8 ½ by 11 inches. All papers shall be clearly legible in a font size no smaller than 12 point, without defacing erasures or interlineations, and must be double-spaced, except that quotations, footnotes and legal descriptions may be single-spaced. Additionally, lengthy disclosure statements and plans in Chapter 11 cases may be single-spaced.

(H) (L) Identification.

(i) Counsel Identification.

On every pleading and other paper filed with the clerk and on every proposed order or judgment submitted to the court, the attorney shall include the following information: the attorney's name, complete address (including street address and, if applicable, post office box number), telephone number, e-mail address, and Mississippi Bar number (if the attorney is a member of the Mississippi Bar), and, if not, the state and bar number, if any, of the bar in which the attorney is a member and regularly practices.

(ii) Unrepresented Individual Identification.

Every pleading and other paper filed with the clerk by an unrepresented individual, and every proposed order or judgment submitted to the court by an unrepresented individual shall include the following information: the individual's complete name, complete address (including street address and, if applicable, post office box number), telephone number and email address, if applicable.

(I) (M) Titles on Papers.

All pleadings, motions, and other papers presented to the clerk for filing must bear clear designations of their content. When a document contains multiple contents (e.g., an answer to a complaint and a counterclaim or cross-claim or a motion and a supporting brief or memorandum), all matters contained in the document must be included in the caption on the first page of the document, except that, if the document contains a Certificate of Service with regard to the document, the Certificate of Service shall not be included in the caption.

(J) (N) Emergency Matters.

A party filing a pleading or motion that requires immediate judicial attention shall contact the courtroom deputy of the bankruptcy judge to whom the matter is assigned for direction.

(K) (O) Hazardous Papers or Things.

No person or party may file or present to the Court (including Judges, the Clerk, the United States Trustee, or any other Court agency) any Hazardous Paper or Thing without prior leave of court.

(i) "Hazardous Paper or Thing" Defined For purposes of this rule "Hazardous Paper or Thing" includes, but is not limited to, papers or items that are smeared with or contain blood, blood residue, hair, food, feces, urine, or other body fluids, human or animal tissue or infectious material, or contain narcotics, controlled substances, firearms, ammunition, explosives, poisons, dangerous chemicals, or any other substance which may constitute a health hazard.

(ii) Return or Destruction of Hazardous Paper or Thing Any Hazardous Paper or Thing submitted without prior leave of court will not be handled by court personnel and will either be returned to the filer unsolicited or destroyed without prior notice to the filer at the discretion of the clerk or judge.

(iii) Log of Hazardous Papers or Things The clerk shall maintain a log of Hazardous Paper of Things that are returned to the filer undocketed or destroyed. The log shall include the case number and style, if any, the name of the party submitting the Hazardous Paper or Thing, a brief description of the paper or thing, and the justification for returning or disposing of the paper or thing. The clerk shall notify the judge assigned to the case of actions taken by the clerk.