Local Rule LBR 5005-2: Defective Pleadings and Papers
Bankr. W.D. Mich. — General rule
LBR 5005-2: Defective Pleadings and Papers
(a) Time Stamp on Filed Documents. The Clerk will time stamp every document presented for filing over the counter as soon as practicable.
(b) Rejection for Nonpayment of Fee or Case Closed. The Clerk may reject, without filing, a document:
(1) not accompanied by the fee required to be paid at the time of filing pursuant to 28 U.S.C. § 1930. A fee is not paid unless made in cash, by a certified check or money order, with an attorney's credit or debit card or, at the Clerk's discretion, with a check drawn on an attorney's account; or
(2) that is to be filed in a case that does not exist in this Court or which has been closed, unless the document relates to post-judgment remedies or a motion to reopen a closed case.
(c) Clerk's Authority to Strike Defective Documents; Notice. The Clerk may strike after filing any document that is not signed or verified as required by Fed. R. Bankr. P. 9011. The Clerk will send notice that the document has been stricken to the filing party as soon as practicable. A stricken document that is amended to correct the defect and filed within 14 days is considered filed as of the date the document was originally filed with the Court.
(d) Request for Judicial Review of Clerk's Action. Any entity affected by a notice of rejection or an order to strike a document may file a motion for judicial review of such action within 14 days of the date of service of the notice of rejection or order to strike. If the Court determines that the action of the Clerk was improper, the Court may order that the document be deemed properly filed and determine the effective time and date of filing. The moving party must serve the motion for judicial review on all affected parties and file a proof of service.
(e) Notice to Correct Defective Filing. If the Clerk determines that a document is defective but does not warrant rejection or striking, the Clerk may issue and serve a notice of defective filing that advises the Filer of the corrective action needed to be taken or already taken by the Clerk.
(f) Failure to Correct Defective Filing. If any document required by LBR 1007 to be filed with the petition is not filed at that time, the Clerk will notify the filing attorney (or debtor if pro se) of the deficiency. If the deficiency is not corrected within 14 days of service of the notice, the case may be dismissed by the Court without further hearing.