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RULE 6. |
PROCEDURES FOR
FILING DOCUMENTS |
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6.1 |
Scope of Electronic
Filing ( 5005-4) |
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a. Electronic Filing
Required
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All pleadings and documents filed with the
Court must be filed electronically - except as expressly
provided below in 6.1(b).
A computer terminal is available in the Customer Service area -
Room 450 - of the Clerk's Office for electronic filing by Filing Users. |
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b.
Pro
Se Filing |
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Parties without legal representation (pro
se debtors) are not required to file pleadings and other
papers in a case electronically, but must adhere to the
following requirements:
1. All petitions must be typewritten.
2. All petitions must include the telephone number
of the pro se debtor.
3. All petitions, statements of affairs and
schedules must:
A. be filed within
fourteen (14) days of their execution; or
B. a properly
executed amendment must be filed indicating the changes - if
any - that have occurred
between the date of execution and that date of filing;
4. An original of the petition, lists, schedules
and statements under the selected chapter of the Bankruptcy Code
must be filed; and
5. A matrix of creditors in the form prescribed by
the Clerk must be filed. |
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c.
Creditor Filing - (Amended January 24, 2006) |
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Proofs of Claim,
Assignments/Transfer of Claims, Withdrawals of Claim,
Reaffirmation Agreements and Request for
Notice filed by a creditor or other filer shall be
filed electronically if the creditor or other filer files more
than 25 of those
documents within a one year period. See 6.2(b) |
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6.2 |
Eligibility,
Registration and Passwords for Electronic Filing (5005-4),
(3001-1), (9076-1), (9022-1), (9011-3), (9010-1) |
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a. Eligibility
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Attorneys admitted to the bar of this Court - including those
admitted pro hac vice - private trustees, United States
trustees and their assistants, and others as the Court deems
appropriate, may register as Filing Users of the Court's
Electronic Case Filing System (or Electronic Case Filing System
- ECF). See the application form at Local Form
D. |
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b. Creditors Not Represented |
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Creditors who are not represented by
counsel may register as Filing Users of the Court's Electronic
Filing System for the sole purpose of filing claims, notices of
transferred claims, reaffirmation agreements, requests to
receive notices and withdrawal of claims. See Local Form
C |
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c. Consent to Electronic
Notice and Service |
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Issuance of a password
granting access to the Court's Electronic Filing System
constitutes express consent by the Filing User to electronic
notices and service, except with regard to service of a summons
and complaint under Fed.R.Bankr.P. 7004. Consent to electronic
notice applies to notice of the entry of an order or judgment
under Fed.R.Bankr.P. 9022, |
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d. Duty to Protect
Electronic Filing Password |
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Upon completion of the
application to register as a Filing User, the Court will email a
log-in name and unique password for use exclusively by the
Filing User and his/her designee. Filing Users agree to protect
the security of their passwords and immediately notify the Clerk
if they learn that their passwords have been compromised. Filing
Users may be subject to sanctions for failure to adequately
protect their passwords. |
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e. Maintenance of Email Addresses |
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At all times, Filing Users must maintain
their current email addresses in their ECF account. |
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6.3 |
Consequences of
Electronic Filing (5005-4), (9006-1) |
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a. What Constitutes
"Filing" |
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Electronic transmission of a document to
the Electronic Filing System consistent with these rules,
together with the transmission of a Notice of Electronic Filing
from the Court, constitutes filing of the document and entry of
the document on the docket. |
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b. What Constitutes the
Official Record |
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When a document has been filed
electronically, the official record is the electronic recording
of the document as stored by the Court. The filing party is
bound by the document as filed. |
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c. Calculating Date &
Time of Filing |
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Except for pro se filings, a document
filed with the Court is deemed filed at the date and time stated
on the Notice of Electronic Filing from the Court. |
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d. Deadlines
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Filing a
document electronically does not alter the filing deadline for
that document. Filing must be completed before midnight (12:00
a.m.), Eastern Standard Time, in order to be considered timely
filed that day. |
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6.4 |
Entry of Court
Orders ( 5091-1), (5003-1), (9021-1), (9021-2) |
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a. Entry on the
Docket |
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All
orders, decrees, judgments and proceedings of the Court will be
filed in accordance with these rules, which will constitute
entry on the docket. All signed orders will be filed
electronically by the Court or court personnel. |
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b. Effect of Electronically
Signed Orders
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Any order entered electronically without the
original signature of a Judge has the same force and effect as
if the Judge had affixed the Judge's signature to a paper copy
of the Order. |
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6.5
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Attachments (
5005-1), (9004-1) |
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a.
Requirements |
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All
attachments must be filed in electronic form unless the Court
permits otherwise. |
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b. Attachments in Excess of
40 Pages |
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For attachments in excess of 40 pages in length, a
Filing User shall submit only those excerpts of the referenced
documents that are directly germane to the matter under
consideration by the Court. |
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c. Excerpted Material |
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Excerpted
material must be clearly and prominently identified as such.
Filing Users who file excerpts of attachments under this rule do
so without prejudice to their right to timely file additional
excerpts or the complete document. |
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d. Response to Excerpted
Material |
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Responding parties may timely file additional
excerpts or the complete document that they believe are directly
germane. |
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e. Request for Complete
Attachments |
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Parties to a case or adversary proceeding may
request Filing Users who file an excerpt to provide a complete
copy of the attachment within seven (7) days of receipt of the request. |
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6.6
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Retention
Requirements for Documents that Require an Original
Signature ( 9011-1) |
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a. Electronically filed
documents that require original signatures - other than that of
the Filing User - must be maintained in paper form by the Filing
User for 2 years following the expiration of all time periods
for appeals. |
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b. On request of the
Court, the Filing User must provide original documents for
review.
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6.7
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Electronic
Signatures ( 5005-4), (9011-3) |
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a. What Constitutes an
Electronic Signature
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The Filing User log-in and password
required to submit documents to the Electronic Filing System
serve as the Filing User's signature on all electronic documents
filed with the Court. |
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b. Signature for Purposes of
Rule 9011
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The Filing User log-in and password required to
submit documents to the Electronic Filing System also serve as a
signature for the purposes of Fed.R.Bankr.P. 9011, the Local Rules of this
Court, and any other purpose for which a signature is required
in connection with proceedings before the Court. |
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c. Notation of Electronic
Filing
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Each document filed electronically must - if
possible - indicate that it has been electronically filed. |
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d. Requirements for
Signature Block
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Electronically-filed documents must include
a signature block, which includes:
1. the name;
2. address; and
3. telephone number of the filer. |
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e. Requirement of
"/S" to Denote Signature
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The name of the Filing
User under whose log-in and password the document is submitted
must be preceded by an "s/" and typed in the space
where the signature would otherwise appear. |
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f. Unauthorized Use of
Filing User Password |
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No Filing User or other person may
knowingly permit or cause to permit a Filing User's password to
be used by anyone other than an authorized agent of the Filing
User. |
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g. Documents Signed by
Multiple Parties |
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Documents requiring signatures of more
than one party must be electronically filed either by:
1. Submitting a scanned document containing all
necessary signatures;
2. Representing the consent of the other parties on
the document;
3. Identifying on the document the parties whose
signatures are required and by the submission of a notice of
endorsement by the other parties no later than three business
days after filing; or
4. In any other manner approved by the Court. |
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6.8 |
Service of
Documents by Electronic Means ( 9036-1) |
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a. Requirement to Transmit
"Notice of Electronic Filing" |
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Each entity
electronically filing a pleading or other document must transmit
a "Notice of Electronic Filing" to parties entitled to
service or notice under the Federal Bankruptcy Rules of
Procedure and the Local Rules. |
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b. Permissible Methods of
Transmission of "Notice of Electronic Filing" |
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The
"Notice of Electronic Filing" must be transmitted by
e-mail, hand, facsimile or by first-class mail postage prepaid. |
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c. What Constitutes Service
or Notice |
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Electronic transmission of the "Notice of
Electronic Filing" constitutes service or notice of
the filed document. |
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d. Notice of Service for
Non-Electronic Filing Users |
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Parties not deemed to have
consented to electronic notice or service are entitled to
receive a paper copy of any electronically filed pleading or
document. |
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e. Requirements for Service
and Notice
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Service or notice must be made according to the
Federal Bankruptcy Rules of Bankruptcy Procedure and the Local
Rules. |
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6.9 |
Notice of Court
Orders and Judgments
( 9022-1) |
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a. Requirements for Notice
and Service by Clerk |
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Immediately upon the entry of an
Order
or Judgment in the Electronic Filing System, the Clerk will
transmit to Filing Users in the case, in electronic form, a
Notice of Electronic Filing which constitutes the notice
required by Fed.R.Bankr.P. 9022. |
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b. Notice and Service by
Clerk for Non-Electronic Filing Users |
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The Clerk must give
notice to a person who has not consented to electronic service
in paper form in accordance with the Federal Rules of Bankruptcy
Procedure. |
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c. Notices to Debtors |
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1. The debtor's attorney
is responsible for service of resulting Orders upon the debtor.
Resulting Orders include the following: |
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A. Orders from hearings;
B. Orders related to motions and applications that
were noticed for objection;
C. Orders allowing payment of a filing fee in
installments; and
D. All other Orders from motions and applications
that were considered by the Judge. |
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2. The Clerk shall only
serve Orders to a debtor that give notice required under
Fed.R.Bankr.P. 2002, which includes but is not limited to the
following: |
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A. Orders setting a
hearing;
B. Orders of dismissal and conversion;
C. Orders of discharge; and
D. Orders of confirmation. |
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6.10 |
Technical Failures |
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A Filing User whose filing is made untimely as the
result of a technical failure may seek appropriate relief from
the Court through a motion and order, except in the case of
filing a Notice of Appeal or Dischargeability Complaint. |
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6.11 |
Public Access |
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a. Electronic Access to
Court Information |
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Any person or organization - other than
one registered as a Filing User under L.B.R. 6.
2 - may access the Electronic Filing System
at the Court's Internet site at www.kywb.uscourts.gov
after obtaining a PACER log-in and password. |
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b. Limitations to Electronic
Access to Court Information |
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Those who have PACER
access but who are not Filing Users may retrieve docket sheets
and documents, but they may not file documents. |
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c. Sealed Records |
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Any
person may apply by motion for an order limiting electronic
access to or prohibiting the electronic filing of certain
specifically-identified materials on the grounds that such
material is:
1. subject to privacy interests; and
2. that electronic access or electronic filing in
the action is likely to prejudice those privacy interests. |
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d. Transcripts
and Exhibits |
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All transcripts must be filed
electronically unless impracticable. Filing Users shall
contact the Court for alternate filing instructions for
voluminous exhibits. |
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e. Prohibition against Use
of Information Inconsistent with Privacy |
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Information posted
on the System may not be downloaded for uses inconsistent with
the privacy concerns of any person. |
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6.12 |
Matters That May Automatically Be Dismissed or
Overruled (
9011-4), (1007-2), (5080-1) |
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The Clerk will dismiss or overrule any
petition, complaint, motion, agreed order or other paper -
except reaffirmation agreements and proofs of claim - under
Title 11, regardless of the Chapter under which it is filed, if
it: |
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a. Purports to place
more than one entity or person (unless they are husband and
wife) under the protection of Title 11; |
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b. Is not accompanied by
a filing fee or installment application; |
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c. Is not properly
signed; |
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d. Is filed pro se
by a corporation/partnership or other business entity - other
than an individual conducting business as a sole proprietorship
- See L.B.R. 3.4; or |
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e. Fails to have a
creditor database loaded. |
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6.13 |
Timely Filing from Date of Execution of
Petition (1002-1),
(1007-1) |
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All petitions, statements of affairs and schedules
must be: |
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a. filed within fourteen
days (14) days of their execution; or |
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b. a properly executed
amendment must be filed indicating the changes, if any, that have occurred between the date of execution and
the date of filing. |
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6.14 |
Electronic Availability of Case File
Information/Protecting Personal or Sensitive Information |
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In order to promote electronic access to case
files while also protecting personal privacy and other
legitimate interests: |
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a. the parties must not
include - or must partially redact - all personal data
identifiers including but not limited to the following from all
pleadings filed with the Court, whether filed electronically or
in paper:
1. Social Security Numbers
If an individual's social security number must be included in a pleading, only the
last four digits of that number should be used, except for the
Statement of Social Security Number Form which must be
separately filed with the Court pursuant to Fed.R.Bankr.P. 1007
(f).
2. Names of Minor Children
If the involvement of
minor children must be mentioned, only the initials of that
child should be used.
3. Dates of Birth
If an individual's date of birth
must be included in a pleading, only the year should be used.
4. Financial Account Numbers
If financial account
numbers are relevant, only the last four digits of those numbers
should be used.
5. Other personal data identifiers
Filers should
exercise caution when filing documents that include driver's
license numbers, medical records - including treatment and
diagnosis, employment history, individual financial information
and proprietary or trade secret information. |
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b. Sealed, Unredacted
Documents |
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A party wishing to file a document containing
personal data identifiers may file either:
(1) an unredacted document under
seal. The sealed document must be retained by the Court as part
of the record. The Court may still require the party to file a
redacted copy for the public file; or
(2) A reference list under seal. The reference list
shall contain the complete personal identifiers and the redacted
identifiers used in their place in the filing. All references in
the case to the redacted identifiers included in the reference
list will be construed to refer to the corresponding complete
identifier. The reference list must be filed under seal, and may
be amended as of right. It shall be retained by the Court as
part of the record. |
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c. Responsibility for
Redacting Data |
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The responsibility for redacting personal
data identifiers rests solely with counsel and the
parties. |
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d. The Clerk will not review each pleading for compliance with this
rule. |
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