Documents, Signatures, Service
Submitted by dweaver on Fri, 05/24/2013 - 13:47
VI. DOCUMENTS TO BE FILED UNDER SEAL
A motion to seal may be filed electronically; however, the actual document(s)to be filed under seal shall be filed manually at the Clerk’s Office only after the order has been processed. See Bankruptcy Rule 9037 for additional information on redacted filing and filings made under seal without redaction. The order of the Court authorizing the filing of such document(s) under seal will be entered electronically by the Office of the Clerk. The filing party shall then attach a paper copy ofthe order to the document(s) under seal and deliver them to the Office of the Clerk.
VII. RETENTION OF DOCUMENTS
The attorney of record or the party filing any document in a bankruptcy case shall maintain the original signed document(s) for at least five (5) years after the case is closed. The System provides notice of case closing. In Adversary proceedings, the parties shall maintain the original document until after all time periods for appeals have expired and at least five (5) years after the Adversary proceeding is closed. Upon request, the original documents must be provided to other parties or the Court for review. See Federal Rule of Bankruptcy Procedure 9011.
A. Use of the participant’s login/password constitutes the participant’s signature for all purposes for documents, which are required to contain original signatures.
B. Any document containing original signatures shall indicate on the electronically filed document a signature by noting - “/s/Jane Doe.” The originally executed document shall be maintained by the filer.
C. Except as provided otherwise by the Administrative Procedures, all pleadings and other documents including motions, petitions, lists, schedules and statements, amendments, pleadings, affidavits, and other documents that contain original signatures shall be filed electronically.
Each electronic filer shall execute and file, no later than forty-eight (48) hours following the date the petition was electronically filed, a Declaration Re: Electronic Filing of Petition, Schedules, & Statements form. The form is available at the Court’s website,www.lawb.uscourts.gov, located under Forms. The originally executed declaration may be scanned and filed electronically, if the filer is a registered participant, or the original maybe filed manually at the Clerk’s Office if the filer is Pro se.
D. The following procedure applies when a stipulation or other document requires two (2) or more signatures:
1. The filing attorney or party originating the document shall initially confirm that the content of the document is acceptable to all persons required to sign the document and shall obtain the signatures of all parties on the document. For purposes of this rule, physical, facsimile or electronic signatures are permitted. A document may be signed in counterparts. Federal Rule of Bankruptcy Procedures 9011.
2 .The filing attorney or party shall file the document electronically, indicating the signatories, e.g., “/s/Jane Doe.”
3. The filing attorney or party shall maintain the original signed document as set forth in Part VII.
IX. SERVICE OF DOCUMENTS
A. Whenever a pleading or other paper is filed electronically in accordance with these procedures, the System will automatically generate a “Notice of Electronic Filing” by electronic means at the time of docketing.
B. Service should be in accordance with the applicable Local Bankruptcy Rules, Federal Rules of Bankruptcy Procedure and Bankruptcy Code, or as the Court may permit.