Local Rule RULE 1001-1: SCOPE OF RULES AND FORMS; DEFINITIONS

RULE 1001-1 SCOPE OF RULES AND FORMS; DEFINITIONS A. Application.

1. These Local Rules govern all cases and proceedings pending before the United States Bankruptcy Court for the Western District of Oklahoma on the effective date specified above and thereafter and shall supersede all local rules and general orders pertaining to rules of procedure previously adopted and entered by the Court, unless such general order is specifically incorporated herein.

2. These Local Rules, the Guidelines for Electronic Case Filing (General Order No. 26-02 Appendix A hereto), the General Order Concerning Procedures in Chapter 12 Cases (General Order No. 24-05 Appendix B hereto), the General Order Concerning Chapter 13 Guidelines (General Order No. 26-03 Appendix C hereto), the General Order Concerning Chapter 11 Policies and Procedures in Subchapter V Cases (General Order No. 25-05 Appendix D hereto), and the general orders entered by this Court, the laws of the United States, the Federal Rules of Bankruptcy Procedure and any applicable rule of the United States District Court for the Western District of Oklahoma, as amended from time to time, shall govern all cases and proceedings before this Court.

B. Citation. These Local Rules shall be cited as the "Local Bankruptcy Rules" and may be cited as "Local Rule _______."

C. Waiver of Local Rules. The Court may waive any provision of these Local Rules upon its own motion or upon the motion of any party in interest. An order pertaining to procedure entered in a case or proceeding will govern the case or proceeding notwithstanding that the order may be at variance with these Local Rules.

D. Interim Standing Orders. These Local Rules may be modified or supplemented from time to time by the Court by general order. General orders of interest to the bankruptcy bar and to the public shall be maintained by the Clerk and shall be available on the Court's website (http://www.okwb.uscourts.gov).

E. Guidelines for Electronic Case Filing ("ECF Guidelines"). References to the "ECF Guidelines" in these Local Rules shall mean the Guidelines for Electronic Case Filing, or as may be amended, which are attached hereto as Appendix A.

F. Local Forms. References to "Local Form" in these Local Rules shall mean substantially the forms prescribed by these Local Rules, the Court, or the Clerk, copies of which are available on the Court's website (http://www.okwb.uscourts.gov).

G. Official Bankruptcy Forms. References to "Official Form(s)" in these Local Rules shall mean the forms prescribed by the Judicial Conference of the United States or the Director of the Administrative Office of the U.S. Courts, copies of which are available on the Court's website (http://www.okwb.uscourts.gov).

H. Definitions. The definitions of words and phrases contained in Title 11 of the United States Code and the Federal Rules of Bankruptcy Procedure govern their use in these Local Rules. Other frequently used, initially capitalized terms contained herein shall have the meaning as set forth below:

1. Affidavit. References to an "affidavit" in these Local Rules may be satisfied by the execution of an affidavit or an unsworn declaration under penalty of perjury pursuant to 28 U.S.C. § 1746, subject to compliance with such provision. An affidavit or declaration may be incorporated into a filed Document and need not be separate or an attachment. Affidavits and unsworn declarations must be signed by the person offering the evidentiary material with an original handwritten signature. For affidavits and unsworn declarations, pro se filers must include the original handwritten signature; registered filers can submit a computer-generated signature (e.g., "s/Jane Doe") if the Document including an original handwritten signature is in the possession of the registered filer; alternatively, proof of execution of the affidavit or unsworn declaration may be demonstrated by an image of the Document with the original handwritten signature.

2. BAP. References to "BAP" shall mean the Bankruptcy Appellate Panel of the United States Court of Appeals for the Tenth Circuit.

3. Bankruptcy Rules. References to "Bankruptcy Rules" shall mean the Federal Rules of Bankruptcy Procedure.

4. Clerk. References to the "Clerk" shall mean the Court Clerk of the United States Bankruptcy Court for the Western District of Oklahoma.

5. Code. References to the "Code" shall mean the United States Bankruptcy Code, 11 U.S.C. § 101 et. seq.

6. Court or Bankruptcy Court. References to "Court" or "Bankruptcy Court" shall mean the United States Bankruptcy Court for the Western District of Oklahoma.

7. Court's Website. References to the "Court's website" shall mean http://okwb.uscourts.gov.

8. Debtor. The term "debtor" shall refer to both singular and plural form, as the case may be.

9. District Court. References to "District Court" shall mean the United States District Court for the Western District of Oklahoma.

10. District Court Local Rules. References to "District Court Local Rules" shall mean the Local Civil Rules of the United States District Court for the Western District of Oklahoma.

11. Document. The term "Document," in both singular and plural forms, shall refer to anything filed either electronically or manually with the Court.

12. ECF System. References to the "ECF System" shall mean the Case Management/Electronic Case Filing System implemented by the Court as set forth in General Order No. 24-04 annexed hereto as Appendix A.

13. File-Stamped Copy. References to the term "file-stamped copy" shall refer to a copy of the electronically filed Document bearing the file stamp or a copy of the Document and the applicable "Notice of Electronic Filing."

14. Local Rules. References to "Local Rules" shall mean these Local Rules of the United States Bankruptcy Court for the Western District of Oklahoma.

I. Electronic Signature. The "s/Jane Doe" constitutes the signature of said party on any electronically filed Document except on the following:

1. Official Form B121, Debtor's Statement About Your Social Security Number, 2. Declaration Regarding Electronic Filing (by self-represented filers using Electronic Self-Representation (eSR)) (Local Form 1001-1), and 3. Application to appear pro hac vice.

For these three exceptions, the electronically filed Documents must include an original handwritten signature. Any Document not submitted electronically by any party must include an original handwritten signature.

J. Signature, Verification, and Retention of Documents and Pleadings. The electronic filing of a Document electronically signed by a client of the Registered Participant, including but not limited to the petition, statement of financial affairs and schedules of assets and liabilities, shall be deemed a certification by the Registered Participant that he or she has the Document bearing the person's original handwritten signature in his or her physical possession. The Registered Participant must produce the original signed Document on request of the Court or a trustee. Electronically filed pleadings and Documents requiring original signatures, other than the signature of the Registered Participant, must be maintained in paper form by the Registered Participant until two (2) years after the later of the running of the appeal time or closing of the bankruptcy case.