Filing Papers and Sending Copies to the United States Trustee

U.S. Bankruptcy Court for the Southern District of Florida

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of Florida

Rule: 5005-1

Jurisdiction: SDFLB

Bluebook Citation: Bankr. S.D. Fla. R. 5005-1

All Rules: Bankr. S.D. Fla. Local Bankruptcy Rules, complete index


Text

– Electronic Filing Generally (a) Required and Prohibited Electronic Filers. (1) Represented Entity. Except as permitted by (e), an entity represented by an attorney must file electronically. 26 (2) Unrepresented Individual.

(A) In General. An individual not represented by an attorney is not permitted to file electronically. (B) Exception. An individual not represented by an attorney may file a proof of claim electronically on the court’s website.

(b) Filing Date. (1) Electronically Filed Document. An electronically filed document is filed on the date and time the electronic transmission of the document to CM/ECF is completed and an NEF is generated. (2) Nonelectronically Filed Document.

A nonelectronically filed document is filed on the date and time stamped by the clerk on the document. (c) Virtual Docket Entry. A virtual docket entry consists entirely of the text contained in the docket entry without any associated document. Only the court, trustees, and the United States trustee may enter a virtual docket entry.

(d) Technical Problems With CM/ECF. (1) Technical Problems – Court. The clerk’s office will be deemed inaccessible under Bankruptcy Rule 9006(a)(3) whenever the CM/ECF system is unavailable to receive electronic filings due to scheduled maintenance or other technical problems declared by the clerk. (2) Technical Problems – Registered User.

A registered user’s failure to timely file a document due to the registered user’s technical problems does not constitute the clerk’s office being inaccessible under Bankruptcy Rule 9006(a)(3). (e) Inability to File a Document Through CM/ECF. (1) Emergency Nonelectronic Filing by a Registered User During file a document Business Hours. A registered user may nonelectronically in the clerk’s office during business hours only if the registered user is unable to file a document timely through CM/ECF: (A) (B) because the CM/ECF system is or will be unavailable to receive electronic filings on the date the document must be filed; or due to the registered user’s own technical problems on the date the document must be filed.

27 (2) Emergency Nonelectronic Filing Outside of Business Hours. A party may file a document nonelectronically in the clerk’s office outside of business hours only if: (A) (B) the party is or will be unable to file a document timely through CM/ECF or nonelectronically in the clerk’s office during business hours; and the party contacts the clerk or chief deputy clerk in advance to request after-hours, holiday, or weekend accommodations to timely file the document.

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