Definitions

In addition to the definitions and rules of construction in 11 U.S.C. §§ 101, 102, 902, 1101, and 1502 and Federal Rules of Bankruptcy Procedure 9001 and 9002, the following words and phrases used in these Local Rules have the meanings indicated: (a) “District court” means the United States District Court for the District of Minnesota, unless otherwise specified. (b) “Electronic Case Filing System” or “ECF” means the process made available by the court for electronic submission of documents. (c) “Filing User” means a registered user of the Electronic Case Filing System. (d) “Hour” includes every hour whether or not the clerk’s office is open.

(e) “Proof of service,” “proof of notice,” or “proof of mailing,” as applicable, means proof of actual receipt or an affidavit establishing the service, notice, or mailing. (f) “Unsworn declaration” means an unsworn statement that substantially complies with 28 U.S.C. § 1746 and which is endorsed on a document. (g) “Verified” or “verification” means a signed affidavit or unsworn declaration, affixed to or endorsed on a document, which states in substance that the factual allegations made in the document are true and correct according to the best of the verifier’s knowledge, information, and belief. A verification must be made on personal knowledge, set forth only facts that would be admissible in evidence, and affirmatively show that the verifier is competent to testify as to the matters stated in the document. [Effective April 15, 1997.

Amended effective January 1, 2002; January 9, 2006; May 1, 2014; October 1, 2019; July 17, 2023.] 2023 Advisory Committee Notes Local Rule 9001-1 was renumbered to be consistent with other local rules and to remove abrogated subsections. The rule was also restyled. The definition for “affidavit” in former subsection (1) was removed because this term is also addressed within the definition of “verified” or “verification” in now renumbered subsection (g). The definitions for “application” and “motion” in former subsections (2) and (9) were removed as unnecessary and duplicative of the information set forth in Fed. R. Bankr. P. 9013 and amended Local Rules 9013-1 through 9013-3.

Similarly, the definitions for “court” and “judge” in former subsections (3) and (8) were removed as duplicative of Fed. R. Bankr. P. 9001(4) and 9002(4). The definition for “verified” or “verification” in now renumbered subsection (g) was amended to include additional information regarding affidavits and verifications that used to appear in former Local Rules 9004-1 and 9013-2. 49 Rule 9004-1. Required Form of Documents (a) SIZE.

All documents presented for filing, except trial exhibits, must be formatted to print on standard letter-size paper (8-1/2” x 11”). (b) SCANNING OF DOCUMENTS. (1) A document that is scanned must not be submitted for filing on the court’s Electronic Case Filing System, except that the following types of documents may be scanned: (A) The signature page of a document bearing a wet ink signature of a non-attorney; or (B) An exhibit or attachment. (2) All documents created on the attorney’s computer or using petition preparer software should be printed directly to portable document format (PDF). [Effective April 15, 1997.

Amended effective January 9, 2006; February 22, 2012; April 1, 2013; October 1, 2019; July 17, 2023.] 2023 Advisory Committee Notes Local Rule 9004-1 was restyled. Former subsection (b) regarding proof of service, notice, or transmittal was removed because this language now appears in Local Rule 9036-1 with modifications. Former subsection (c) regarding facsimile transmission was removed as unnecessary. Refer to the court’s website at www.mnb.uscourts.gov for filing guidance.

Former subsection (d) regarding verifications was removed because the definition for “verification” in Local Rule 9001-1(g) was updated to note that a verification must be signed. Renumbered subsection (b) was amended to clarify that a document that bears a wet ink signature of a non- attorney, an exhibit, or an attachment may be scanned. The general rule is that any document that is produced by an attorney on a computer or with petition preparer software should be printed directly to PDF and not scanned. Documents that are being filed to support a request to the court but that were not produced by an attorney, such as exhibits or attachments to a motion or application, may be scanned.

The court’s website provides instructions for how to print documents to PDF.