Rule 5005-1 Filing and Transmittal of Papers.

(a)     Electronic Filing and Signing.

         (1)    By a Represented Entity. An entity represented by an attorney must file, sign, and verify documents by electronic means in accordance with the Administrative Procedures available on the court’s website (www.pamb.uscourts.gov). However, non-electronic filing may be allowed for good cause, or as otherwise provided for by these rules;

         (2)    By an Unrepresented Individual. An individual not represented by an attorney:

                 (A)    may file electronically only if allowed by court order or through compliance with the conditions authorizing same as set forth in the Administrative Procedures adopted by this District; and

                 (B)    may be required to file electronically only by court order or as otherwise provided for in the Administrative Procedures adopted by this District.

         (3)    Signing. An authorized filing through a personal electronic-filing account, together with the person’s name on the signature block, constitutes the person’s signature for purposes of F.R.B.P 9011;

                 (A)    an electronic signature must be preceded by “s/”, e.g., “s/John Doe.”; and

                 (B)    documents that are electronically filed and require original signatures or require verification under F.R.B.P. 1008 or contain an unsworn declaration under 28 U.S.C. 1746, must be maintained in paper form by the filing user as set forth in the Administrative Procedures adopted by this District;

         (4)    Same as a Written Paper. A paper filed electronically is a written paper for purposes of these rules, the Federal Rules of Bankruptcy Procedure, and Section 107 of the Code.

(b)    Filing Proofs of Claims.  Notwithstanding the requirements of L.B.R. 5005-1(a), pursuant to Miscellaneous Order 5:14-mp-00003, claims may be filed, amended, or withdrawn through the court’s Electronic Proof of Claim (ePOC) system without the need to register or login as a user in the court’s ECF system (CM/ECF).  Any claim filed, amended, or withdrawn electronically through the ePOC system will constitute the filer’s approved signature and have the same force and effect as if the authorized individual signed a paper copy of the proof of claim form, amendment, or withdrawal.

(c)    Temporary Paper Filing.  An attorney who is not a registered CM/ECF filer may file initial papers in person, by facsimile, or by email after seeking permission from the court as set forth in Miscellaneous Order 5:05-mp-50007.  Before any additional papers are filed, the attorney must apply for and obtain a CM/ECF login and password.  Registration may be completed through the court’s website: www.pamb.uscourts.gov using “Electronic Filing Registration” under the Court Info tab.

(d)    CM/ECF Filer Systems Failure.  A registered CM/ECF filer may file papers in person, by facsimile, or by email for up to seventy-two (72) hours when electronic filing is not possible due to a failure in the CM/ECF filer’s systems, including, without limitation, hardware, software, or internet connection.  Any filing made by means other than CM/ECF must be accompanied by an affidavit stating why the document was not filed electronically.

COMMENTS:  L.B.R.5005-1 was adended effective December 1, 2017, to formally adopt the electronic filing requirements set forth the Administrative Procedures adopted by this District.  Reasonable exceptions are recognized and paper filing is still allowed for good cause.  Compelling pro se litigants to file electronically is unrealistic and may impede their access to the court.  Therefore, filings by an individual not represented by an attorney are treated separately.  Rather than mandate electronic filing, pro se litigants can only be required to file electronically by court order, or as otherwise provided for in the Administrative Procedures adopted by this District.  L.B.R. 5005-1 tracks proposed changes to F.R.B.P 5005(a)(2) which are designed to make the rule consistent with the proposed amendment to Federal Rule of Civil Procedure 5(d)(3).

Part: 
Part V - Courts and Clerks