Local Rule 5005-4: Electronic Filing of Petitions, Pleadings, Orders and Other Documents

LOCAL RULE 5005-4 Electronic Filing of Petitions, Pleadings, Orders and Other Documents A. Authorization: Pursuant to FRBP 5005(a)(2), effective upon the entry of the "Order Adopting Case Management/Electronic Case Filing" in the United States Bankruptcy Court for the Western District of Virginia, petitions, pleadings, orders, and other documents may be filed, signed, or verified by electronic means which (1) are consistent with any technical standard which may be established or modified from time to time by the Judicial Conference of the United States, and (2) are permitted by and are in compliance with the Administrative Procedures authorized by the "Order Adopting Case Management/Electronic Case Filing" in the United States Bankruptcy Court for the Western District of Virginia, as amended from time to time and posted on the Court's Internet website. Any attorney or other person using the Electronic Filing System pursuant to this authorization shall be referred to as a User.

B. Responsibility and Effect: The electronic filing of a document by or on behalf of a User of the Electronic Case Filing System shall constitute the signature of such User for all purposes under the Bankruptcy Code and Rules, including specifically FRBP 9011. A User is responsible for any document filed by anyone authorized by such User to effect electronic filings by means of such User's designated password. Such a filing shall further constitute such User's representation to the Court that the User is in possession of the paper original of such document duly signed (and, if applicable, under penalty of perjury) by all necessary parties prior to electronic filing of any document required under the Bankruptcy Code or Rules or this Court's Local Rules to bear the signature(s) of the party(ies) on whose behalf the document is filed, including specifically, the bankruptcy petition, schedules and statement of affairs. The User shall produce the duly signed paper originals of any such documents filed electronically within fourteen (14) days after the making of any written request thereof by the case Trustee or the Office of the United States Trustee or as may be otherwise directed by the Court.

C. Retention of Originals: The User shall retain the duly signed paper original of any document required under the preceding paragraph for a period of no less than three (3) years following such case's dismissal or closing, unless otherwise ordered by the Court.

D. Chapter 11 Cases: For Chapter 11 cases filed electronically, it will be the responsibility of the Debtor's attorney to mail copies of all notices required to be sent to all creditors under the provisions of FRBP 2002(j).

E. Payment of Applicable Fees: Payment of any fee applicable to the filing of any document filed electronically and payment of any fees applicable to the use of the court's electronic filing system, which are authorized or required by the Judicial Conference of the United States, shall be paid in such manner as may be provided for in the Administrative Procedures authorized by the "Order Adopting Case Management/Electronic Case Filing" in the United States Bankruptcy Court for the Western District of Virginia, as the same may be amended from time to time and posted on this Court's Internet website.

F. Tender of Orders by Counsel: Proposed orders tendered to the Court by counsel may be done electronically in such manner as may be authorized from time to time by the Administrative Procedures authorized by the "Order Adopting Case Management/Electronic Case Filing" in the United States Bankruptcy Court for the Western District of Virginia, as the same may be amended from time to time and posted on the Court's Internet website.

G. Electronic Entry of Orders: The electronic entry of orders by the Court is provided for in Local Rule 9072-1.

H. Electronic Notice and Service: Electronic notice and service of petitions, pleadings and other documents are provided for in Local Rule 2002-1(D).

I. Exhibits: The electronic filing of exhibits is provided for in the Administrative Procedures authorized by the "Order Adopting Case Management/Electronic Case Filing" in the United States Bankruptcy Court for the Western District of Virginia.

J. Privacy Protection: Any limitations on public access to documents filed electronically with this Court shall be provided for in the Administrative Procedures authorized by the "Order Adopting Case Management/Electronic Case Filing" in the United States Bankruptcy Court for the Western District of Virginia, as modified from time to time and posted on the Court's Internet website, which order shall be subject to and in conformity with applicable provisions of statutory law and the Federal Rules of Bankruptcy Procedure.

K. Disposition of Non-Electronically Filed Documents: The retention, return and destruction of petitions, pleadings or other documents filed physically with the Clerk are provided for in Local Rule 5003-1.

L. Hyperlinks: Hyperlinks or other embedded links to commercial or personal internet sites will not be allowed in any electronic documents filed with the court.