CM/ECF Administrative Procedures

I. General Electronic Filing Requirements

All parties appearing before the Court must comply with all applicable Rules and Statutes, including Fed. R. Bankr. P. 5005 and Local Bankruptcy Rule 5005-1

A. Definition of “Electronic Filing" 

“Electronic filing” means uploading a pleading or document from the registered user’s computer using the Court’s Electronic Case Filing System (“CM/ECF” or “System”) to file that pleading or document in the Court’s case file. Unless otherwise provided in these Administrative Procedures (“Procedures”), the Court’s Local Bankruptcy Rules ("L.B.R."), or Court order, sending a document or pleading to the Court via e-mail or other electronic means does not constitute “electronic filing.”

B. Attorneys Appearing Pro Hac Vice

Counsel admitted to appear pro hac vice must register for electronic filing or request to file non-electronically within ten days of the order so admitting. This requirement does not apply if the attorney is associated with local counsel who is registered as a CM/ECF Filer and will be responsible for all filings with the Court.

C. Self-Represented (Pro Se) Parties

If an unrepresented individual is granted permission to file electronically using CM/ECF, the individual must comply with these Procedures, the Federal Rules of Bankruptcy Procedure, the Court’s Local Bankruptcy Rules, and any other requirements imposed by the presiding judge.

D. Official Case File

Except as otherwise provided by these Procedures or other applicable laws or rules, the Clerk’s Office will not maintain a paper file in any case assigned to the CM/ECF System. The official court record is the Electronic Case Filing System.

 

II. Registration for the Electronic Filing System

A. Full Access User Registration

1. Individuals wishing to have Full Access to the CM/ECF System must first register for an account at the PACER service center where they must also request permission to file in this court. Visit the PACER registration webpage for details.
2. Filing Agent Access. A Full Access User (typically an attorney) can set up additional access for staff members. This level of access (known as Filing Agent Access) should be used instead of sharing the Full Access User’s password. Filing Agent Access allows the staff member to file documents electronically on behalf of the Full Access User. The Filing Agent Access is associated with the Full Access User who created that access. The Full Access User is responsible for maintaining Filing Agent Access and is required to make changes as needed. Information on setting up Filing Agent Access can be found here.

B. Limited User Registration

1. Limited User Access is typically available for creditors, law firms, auditors, transcription companies and personal financial management providers. Limited User Access also may be made available to others in appropriate circumstances as determined by the presiding judge. A Limited User login provides a CM/ECF Filer with limited access to the CM/ECF system. A Limited User is unable to file certain type of documents, including motions, answers, objections, etc. Limited Users can only file the documents listed here.
2. Individuals wishing to become a Limited User must first register for an account at the PACER service center where they can request permission to file in this court. Visit the PACER registration webpage for details

C. E-mail Address Requirements

1. E-mail address confirmation upon registration: The Filer’s correct e-mail address must be maintained with PACER.
2. Maintaining a Valid E-Mail Address: Each CM/ECF Filer is responsible to ensure there is a valid e-mail address in his/her user record. The Clerk’s office does not monitor undeliverable e-mails. A CM/ECF Filer that does not maintain a valid e-mail address may not receive System generated Notices of Electronic Filing (“NEFs”) (see below for more information about NEFs).

D. System Passwords and Security

1. Password Security. A CM/ECF Filer must create a strong password that is at least eight characters long and includes both uppercase and lowercase letters and at least one digit or special character. Passwords should not be shared with others. To have staff members file on behalf of a Full Access User, the Full Access User’s password should not be shared; rather, Filing Agent Access should be set up for the staff member(s). If an employee of the CM/ECF Filer leaves his/her employment, the CM/ECF Filer must change his/her password (if the password was shared) and/or remove the employee’s associated Filing Agent Access.
2. Multiple Passwords: Each CM/ECF Filer is entitled to one or more CM/ECF passwords. Because CM/ECF can only display one street address per password, an attorney with more than one office location may obtain a separate password for each office by registering a new login at the PACER registration webpage
3. Malware Detection and Removal: All CM/ECF Filers must install and update Anti-Virus software at all locations from which CM/ECF is accessed. All files must be checked for malware before being filed in the CM/ECF System.

E. Information Changes/Change of Employment

If any of contact information changes, e.g., name, mailing address, e-mail address, etc., the CM/ECF Filer must update that information under “Manage My Account” on the PACER webpage. See L.B.R. 9010-1. If an attorney is leaving his or her firm and any clients are remaining with the firm, the firm must comply with L.B.R. 9010-1(d).

F. Case Access Termination

Only those CM/ECF Filers who have an active CM/ECF Filer Account with a valid e-mail address will receive NEFs. If an individual CM/ECF Filer's access has been terminated in a specific case, then he/she will not receive NEFs.


III. Electronic Filing and Service of Documents

A. Document Legibility

Before filing a document with the court, a CM/ECF Filer must verify its legibility.

B. Timeliness of Electronic Filings

Filing a document electronically does not change the filing deadline for that document. The Filing must be completed before midnight Eastern Standard Time to be considered timely filed that day.

C. Service

All parties appearing before the Court must comply with applicable rules of service (See Fed. R. Bankr. P. 7004, 7005Fed. R. Civ. P. 4, 5Local Bankrupcty Rules 5005-1, 9013-3.

1. Parties who are not CM/ECF Filers must be provided notice and/or service of any electronically filed pleading or other document in accordance with the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules.
2. Pursuant to L.B.R. 9013-2, any document that is not served through the Court's Electronic Case Filing System must include a certificate of service.

D. Document Retention Periods

The attorney of record or the party originating any document that is electronically filed must maintain the original signed document for a period of seven years. The original must be made available upon request of the Court.

E. Signatures

See Fed. R. Civ. P. 5(d)(3)Fed. R. Bankr. P. 5005(a)(2)
Documents requiring signatures of more than one party must be electronically filed by: (1) submitting a scanned document containing all necessary signatures; (2) representing the consent of the other parties on the document; or (3) in any other manner approved by the Court.

F. Fees Payable to the Clerk's Office

Non-debtor CM/ECF Users must pay all filing fees due using the Internet Credit Card Payment System. If a case filing fee is to be paid in installments, the CM/ECF Filer should electronically file a separate application to pay in installments when filing the bankruptcy petition. Such cases must not be filed using the Case Upload feature of CM/ECF because that feature requires full payment.

G. Orders and Notices Issued by the Court

The Clerk’s Office will electronically file all signed orders and all notices. Any order filed electronically without the original signature of a judge but with the judge's electronic signature has the same force and effect as if the judge had affixed his/her signature to a paper copy of the order. The Court may enter standard orders to grant or deny motions. Orders also may be in the form of a text-only docket entry.

Upon entry of an order or court notice, an NEF will be transmitted to the CM/ECF Filer. This NEF constitutes the notice required by Fed. R. Bankr. P. 9022 and/or 9036.  Except for debtors participating in Debtor Electronic Bankruptcy Noticing (DeBN), notice will be given to non-CM/ECF Filers in paper format.

H. Proposed Orders Submitted to the Court

Proposed orders must be electronically filed with the respective pleading in revisable Portable Document Format ("pdf"). Guidelines can be found here.

I. Title of Docket Entries

CM/ECF Filers are responsible for designating a docket entry title for the document by using one of the docket events prescribed by the Clerk’s Office. Please see the Court’s Filing Instructions and the Guide_to_Docket_Events_and_Noticing_Procedures.

J. Exhibits to Pleadings

Exhibits must be docketed as an attachment to the pleading (see section below on File/Document Size Limitations).

K. Creditor Matrix

CM/ECF Filers must upload the creditor matrix into CM/ECF in a text (.txt) format. The creditor matrix must comply with the formatting requirements set forth here and the docket entry instructions found here

L. File/Document Size Limitations

No single docket entry (meaning the main document together with any exhibits) can exceed 50 MB. If the main document together with any attachments exceeds 50 MB, the files must be subdivided and filed using multiple docket entries.

M. Correcting Documents Filed in Error

A document incorrectly filed in a case may be the result of uploading the wrong PDF file to a docket entry, selecting the wrong document entry from the menu, or entering the wrong case number. As soon as possible after an error is discovered, the CM/ECF Filer must amend or withdraw the document filed in error. CM/ECF Filers cannot make changes to a document or docket once the transaction has been accepted by the System.

N. Technical Failures

Technical failures are governed by L.B.R. 5005-3

O. Privacy Protection for Filings with the Court

All CM/ECF Filers must comply with the privacy protection requirements of Fed. R. Bankr. P. 9037 and L.B.R. 9037-1


IV. Public Access to the System

A. Public Access at the Court

Electronic access to the electronic docket and documents filed in the System is available for viewing to the public at no charge at the Clerk's Office during regular business hours. A fee for a paper copy of an electronic document is required in accordance with 28 U.S.C. §1930.

B. Internet Access

Except as provided in the above paragraph, electronic access to the CM/ECF System for viewing purposes is limited to subscribers to the Public Access to Court Electronic Records ("PACER") System. Subject to certain exceptions, fees are charged for remotely accessing certain case information. Additional information on remote access and applicable fees can be found at www.pacer.gov.