Electronic Filing: General

U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule: 5005-2

Jurisdiction: EDPAB

Bluebook Citation: Bankr. E.D. Pa. L.R. Adm. R. 5005-2

(a) Mandatory Electronic Filing. Documents filed with the court shall be filed electronically via the CM/ECF System unless filing in paper form is authorized under subdivision (c). (b) Automatic Extension of Time. If the CM/ECF System is inaccessible for electronic filing of documents for any reason on the last day for filing under Fed. R. Bankr. P. 9006(a)(1), then under Fed. R. Bankr. P. 9006 (a)(3) the time for filing is extended to the first accessible day for electronic filing that is not a Saturday, Sunday or legal holiday. -45- (c) Permissible to File in Paper Form.

Filing in paper form is permissible in the following circumstances: (1) Pro Se Debtors. An individual debtor who is not represented by counsel. (2) CM/ECF Filing Users. An CM/ECF Filing User who is unable to file electronically due to the CM/ECF System not being available.

(3) Attorneys. An attorney (A) who due to exigent circumstances must file a document before the attorney is able to become a Filing User, but only for 14 days after filing a document in paper form; or (B) who is admitted pro hac vice, but only for 14 days after entry of the admission order. (4) Court Authorization to File in Paper Form. A party in interest may file in paper form a proof of claim, a transfer and assignment of a claim, a request for notice, and any other document for which the court permits filing in paper form.

(5) Documents Under Seal. Documents for which filing under seal is sought may be filed in paper form if the court authorizes filing in paper form under L.B.R. 5003-1(b)(2). (d) Filing, Docketing and Service. Transmission of the CM/ECF Notice of Electronic Filing automatically generated by the CM/ECF System upon the filing of a document constitutes (1) entry of the document on the docket by the Clerk under Fed. R. Bankr. P. 5003; and (2) service and notice of the document, including the notice of a judgment or order required by Fed. R. Bankr. P. 9022, to all persons listed on the CM/ECF Notice of Electronic Filing who are deemed to have consented to electronic service or notice of the document under to L.B.R. 5005-5.

(e) Filing Date. A document filed electronically is filed on the date and at the time stated in the CM/ECF Notice of Electronic Filing. (f) Eastern Time Determines Filing Date. The electronic filing of a document must be completed before midnight prevailing Eastern Time, to be timely filed on that day.

(g) Non-Electronic Service. Parties not deemed to have consented to electronic service or notice of the document are entitled to service of the electronically filed document in paper form, unless designated as high-volume paper-notice recipients under Fed. R. Bankr. P. 9036(b)(2)(B). -46- Local Rule 5005-3 Registration and Eligibility to Be an Authorized CM/ECF User (a) Registration. A person eligible to be an Authorized CM/ECF User under this rule registers by: (i) submitting to the Clerk the completed registration form prescribed by the Clerk and (ii) establishing an account with the PACER Server Center at https://pacer.uscourts.gov/. Technical details and instructions are available on the court’s website.

(b) Filing Users Who Are Attorneys and Other Appointees. The following persons may register as Filing Users: Attorneys admitted to practice in the United States District Court for the Eastern District of Pennsylvania who currently are in good standing, including those admitted pro hac vice by the bankruptcy court; attorneys authorized to represent or representing the United States but who are not admitted to the United States District Court for the Eastern District of Pennsylvania; United States trustees and their assistants; trustees and their assistants, examiners, ombudsmen, and mediators appointed to serve in a bankruptcy case; and other persons the court designates. (c) Filing Users Who Are Parties. On request of an individual pro se debtor or an individual pro se party to a pending contested matter or adversary proceeding, the court may authorize the pro se party to register as a Filing User for purpose of the debtor’s case, a contested matter, or an adversary proceeding.

(d) Limited Filing Users. A creditor and personal financial course providers may register with the Clerk as a Limited Filing User for the purpose of filing proofs of claim, transfers and assignments of claims, requests for notices, and those other documents identified on the Limited Filing User Registration form which is available on the court’s website. (e) Non-Filing Users. A party in interest in a case may register with the Clerk as a Non- Filing User for the purpose of obtaining electronic notice in that case.

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