Paragraph (E)(1) is amended to add the word “original” to
U.S. Bankruptcy Court for the Eastern District of Virginia
U.S. Bankruptcy Court for the Eastern District of Virginia
become the term “original signature” and the term “spouses” is sub- stituted for the term “husband and wife.” Paragraph (F)(2) expands the definition of the term “original signature” to include the forms of signature set forth therein such that its meaning is not confined to a wet signature only. Former paragraphs (F), (G) and (H) are redesig- nated paragraphs (G), (H) and (I). [Changes effective 06/01/23.] 5005-1(B) This paragraph is amended to remove the label and status of same as “Provisional.” [Change effective 08/01/23.] 5005-1(C) Paragraph (C) is amended to include, additionally, the ex- ceptions set forth in Rule 9010-1 to the requirement that a proponent be a member in good standing of the bar of this Court. [Change effective 08/01/23.] 5005-1(G) This rule is amended to delete language concerning a request for hearing on a Notice of Deficient Filing where there is no entitlement to same and to clarify that if a pleading deficiency thereunder is not cured timely, the pleading will be stricken by the Clerk. The amendments further remove language concerning the filing of a response to a notice of deficiency regarding a petition or notice of voluntary conversion; and to permit the Court to either excuse a debtor from the deficiency hearing or to cancel the hearing if appropriate in the event of an untimely cured deficiency. [Changes effective 08/01/23.] 70 RULE 5005-2 FILING OF PETITIONS, PLEADINGS AND OTHER PAPERS BY ELECTRONIC MEANS RULE 5010-1 REOPENING CASES (A) Electronic Case Files Policy: All petitions, motions, memoranda of law, or other plead- ings, documents and papers filed with the Court shall be filed through the Case Manage- ment/Electronic Case Files (CM/ECF) System except as otherwise provided for in the Court’s Electronic Case Files Policy (CM/ECF Policy), which shall be promulgated and revised as specified by the Clerk. The CM/ECF Policy governs if there is a conflict between that Policy and these Local Bankruptcy Rules as to the technicalities of electronic case filing.
(B) Electronic Filing Policies and Procedures: The Clerk shall prepare and publish policies and procedures for electronic filing, which the Clerk may amend from time to time. These policies and procedures, which are exempt from the public notice and comment requirements for adoption of local rules, shall have the force of local rules. A link to the policies and procedures will be available on the Court’s web page. (C) Technical Failure: A registered ECF User whose filing is made untimely as the result of a CM/ECF System technical failure, may seek appropriate relief from the Court as provided for in the CM/ECF Policy.
Comments This rule mandates electronic case filings in the Court’s Case Man- agement/Electronic Case Files (CM/ECF) System and authorizes the Clerk to promulgate and revise the Court’s Electronic Case Files (CM/ECF) Policy. [New rule effective 3/17/08.]
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