Free Administrative Procedures for Electronic Filing - Illinois

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS ADMINISTRATIVE PROCEDURES FOR THE CASE MANAGEMENT/ELECTRONIC CASE FILING SYSTEM

As amended through December 16, 2008 These Administrative Procedures are authorized by Federal Rules of Bankruptcy Procedure (Fed. R. Bankr. P.) 5005, 7005, 9029, and 9036, and Local Bankruptcy Rule 5005-1. I. DESIGNATION OF CASES, PASSWORDS, REGISTRATION, AND APPEARANCE OF ATTORNEYS I.A. Designation of Cases All cases under title 11 of the United States Code, all adversary proceedings, and all ancillary matters filed or pending in the Northern District of Illinois ("Bankruptcy Cases") are assigned to the Case Management/Electronic Case Filing System ("System"). All documents in Bankruptcy Cases are maintained in electronic format. Except as provided otherwise herein, all petitions and other documents must be filed in electronic format via the System. I.B. Passwords Required To file documents in Bankruptcy Cases, an attorney or non-attorney bankruptcy trustee must obtain a login and password (collectively " Password") for electronic filing and viewing of documents in the System. Limited registrants, defined in paragraph I.C.7, must also obtain a Password. I.C. Registration I.C.1. [reserved]

I.C.2. Application Required

To obtain a Password, an attorney, a non-attorney trustee, or a person seeking to be a Limited Registrant must fill out an on-line registration form and enroll in an appropriate training class offered by the clerk. The form is on the court's website: www.ilnb.uscourts.gov. I.C.3. Training The training class consists of a training session and a certification assignment. Upon completion of the training session, each applicant will receive a restricted password which will allow the trainee to complete the certification assignment. Within two weeks of completion of the training session, the applicant must complete the certification assignment and request activation of an unrestricted Password. Individuals with unrestricted Passwords are Registrants. I.C.4. Authorized Use of Passwords A Password may only be used by the Registrant to whom it is issued and by individuals authorized by the Registrant. A Registrant is responsible for all applicable charges associated with use of the Registrant's Password. Any documents filed using the Password will be deemed authorized and signed by the Registrant. I.C.5. Unauthorized Use of Passwords If a Registrant believes that the Registrant's Password has been or may be used by an unauthorized person, the Registrant must immediately notify the ECF Help Desk in the clerk's office--telephone (312) 408-7765. If the clerk believes that a Registrant's Password has been used improperly, the clerk will notify the Registrant. In all such instances, the clerk will make appropriate corrections to the System and issue a new Password to the Registrant. I.C.6. Withdrawal From Use of the System A Registrant may withdraw from use of the System, for cause, on order of the court. Any motion to withdraw from use of the System by a Registrant must be presented to the Chief Judge. If the motion is granted, the clerk will immediately cancel the Registrant's Password and delete the Registrant from all applicable electronic notice lists. I.C.7. Limited Registrants A Limited Registrant is a person who is authorized by the clerk to file

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electronically only proofs of claim, transfers of claim, withdrawals of claim, requests for service of notice, reaffirmation agreements, withdrawals of documents, and ballots. These documents constitute the Limited Filing Documents. The court or clerk may authorize Limited Registrants for additional purposes. I.C.8. Revocation of Password The clerk may invalidate the Password of an attorney who is disbarred or suspended. I.D. Appearance of Attorneys I.D.1. Local Bankruptcy Rules Not Altered These Administrative Procedures do not alter: (a) the requirement of Local Bankruptcy Rule 2090-1 that an attorney appearing before this court be admitted to practice before the District Court or (b) the procedure under Local Bankruptcy Rule 2090-3 for admission pro hac vice. I.D.2. Emergency Paper Filings Before Compliance In an emergency, an attorney not admitted to practice before the District Court and not having an office in this district may file documents in Bankruptcy Cases in paper form if it is impracticable to become a Registrant or engage local counsel prior to filing the documents. However, the paper filing must be followed by a motion seeking leave to file in paper form and showing cause for not becoming a Registrant and for not engaging local counsel in time to file the documents electronically. The motion seeking leave to file in paper must be presented to the Chief Judge. If the motion for leave is not granted within 14 days of the paper filing, the documents may be stricken by the court without prior notice. (See also paragraph II.A.4 regarding Emergency Matters.) II. FILING AND SERVICE OF DOCUMEN2TS II.A. Electronic Filing II.A.1. Requirements II.A.1.a. Electronic Filing Mandatory

Except as expressly provided in paragraph III, and except for circumstances that temporarily prevent a Registrant from filing

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electronically, all petitions, motions, applications, notices, pleadings, memoranda of law, and other documents filed with the court in connection with a Bankruptcy Case must be filed electronically. Individuals without legal representation may file documents in paper form with the clerk's office where the documents will be scanned into the System. II.A.1.b. II.A.1.c. [reserved] Format

All electronic documents must be submitted in Portable Document Format (.pdf). II.A.1.d. Size Limit

Documents created electronically must not exceed 2 megabytes in size. Documents created by scanning must not exceed fifty pages. A proposed document which exceeds these limits must be broken into multiple .pdf files and filed as a document and attachments. A judge may order that other rules will apply in a particular case. II.A.1.e. Title

Each document filed electronically must be titled as one of the events contained in the System, unless no event accurately describes the subject of the document. II.A.1.f. Bookmarks

All initial bankruptcy petitions and supporting documents filed at the same time must be tagged with bookmarks, clearly labeled, generated by .pdf software to permit navigation to the following locations by clicking on the bookmarks: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Summary of Schedules Schedule A Real Property Schedule B Personal Property Schedule C Exemptions Schedule D Secured Claims Schedule E Priority Claims Schedule F Unsecured Claims Schedule G Executory Contracts Schedule H Co-debtor Schedule I Income
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(k) (l) (m) (n) (o) (p) (q)

Schedule J Expenses Statement of Financial Affairs Statement of Intention Exhibit A (Business Declaration) Debtor Attorney Compensation Non-attorney Petition Preparer Certification List of Twenty Largest Creditors (chapter 11 cases).

II.A.2. Date and Time of Filing The Notice of Electronic Filing issued by the System shows the date and time of filing. Documents filed electronically outside of normal business hours are deemed filed on the date and at the time the System files them. Documents filed before midnight on the date that is a deadline are considered timely, unless the judge, these Administrative Procedures, or Local Bankruptcy Rule specifically requires an earlier time. II.A.3. Creditor Lists Creditor lists must be submitted in electronic format as required by Local Bankruptcy Rule 1007-1. II.A.4. Emergency Matters II.A.4.a. General Rule

A party seeking to present an emergency motion must determine the availability of the assigned judge as well as the time and place for presentation of the motion by contacting that judge's chambers staff. If that judge is not available, the party must obtain a time and place for presentation by contacting the chambers staff of the emergency judge, identified on the court's website. If the emergency judge is not available, the party must obtain a time and place for presentation by contacting the clerk's office, using the emergency telephone numbers if necessary (773-495-5842 or 312285-5852). After obtaining the time and place for presentation, the party may file the motion and notice of hearing in the ordinary fashion, except that if the motion will be presented without complying with Local Bankruptcy Rule 9013-3, the party must notify all parties entitled to notice by phone, fax, or personal service, and reflect the time and method of notice in the certificate of service. See Local Bankruptcy Rule 5096-1 regarding emergency motions; see also paragraph I.D.2 regarding Emergency Paper Filings.
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II.A.4.b.

Motions to Redact Personal Information

A motion to redact the personal information prohibited under Fed. R. Bankr. P. 9037(a) may be filed ex parte and as an emergency motion under Rule 5096-1. The motion must be accompanied by a redacted version of the document and a proposed order stating that the clerk shall substitute the redacted document for the unredacted document. II.B. Notice and Service II.B.1. E-mail Addresses All Registrants must maintain an active e-mail address to receive electronic notice and service from the System. II.B.2. Consent to Electronic Notice and Service Pursuant to Fed. R. Bankr. P. 7005 and 9036, registration as a Registrant constitutes waiver of the right to receive notice of hearings and service of documents by personal service or first class mail and further constitutes consent to receive notice and service electronically in those cases in which the Registrant has previously filed a document, except that electronic service is not sufficient service of (1) a complaint and summons in an adversary proceeding under Fed. R. Bankr. P. 7004 or (2) a subpoena under Fed. R. Bankr. P. 9016. Waiver of service and notice by first class mail applies to notice of the entry of an order or judgment under Fed. R. Bankr. P. 9022. II.B.3. Means and Effect of Electronic Service and Notice II.B.3.a. General Rule

Whenever a document is filed, the System automatically sends notice of the filing via e-mail to the United States Trustee, the case trustee, and to all Registrants who have previously filed a document in the case (the "Electronic Notice"). The Electronic Notice allows the recipient to view the filed document once without charge. Unless otherwise provided herein, the Electronic Notice constitutes notice to and service on the Registrants to whom it is sent for those clients for which the Registrant has previously filed a document in the case.
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II.B.3.b.

Non-Registrants

Participants in the case who are not Registrants, or who are Registrants who have filed only Limited Filing Documents in the case, must be provided notice and service of any document filed electronically in accordance with the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules. II.B.3.c. Special Rule­Local Presentment Rule

Nothing in these Administrative Procedures changes the requirement under Local Bankruptcy Rule 9013-3 that notice of intent to present a motion must be personally served at or before 4:00 p.m. of the third business day preceding the date of presentment. II.B.3.d. Special Rule­Emergency Motions

The Electronic Notice is not sufficient notice of an emergency motion which is being presented without complying with Local Rule 9013-3. See also II.A.4, above, and Local Rule 5096-1. II.B.4. Certificate of Service Each motion must be accompanied by a certificate of service that complies with Local Bankruptcy Rule 9013-3(D). II.B.5. Limited Registrants and Limited Filing Documents The provisions of this paragraph, II.B, do not apply to Limited Registrants or to Registrants who have only filed Limited Filing Documents in the case who may not be served or given notice electronically. II.B.6. Withdrawal of Registrant from a Particular Case A Registrant who has filed documents in a particular case may be excused from the requirements of this paragraph, II.B, for that particular case by order, for cause, including that the Registrant is no longer involved in the matter. A Registrant seeking such relief must do so by motion and submit a proposed order entitled "Withdrawal of Registration from a Particular Case." If the Registrant later files another document in the case (other than a Limited Filing Document) the requirements of this paragraph, II.B, shall again apply to the Registrant in the case.
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II.C.

Signatures II.C.1. Original Non-Attorney Signatures II.C.1.a. Petitions and Accompanying Documents

When a bankruptcy petition is filed electronically, the petition must be accompanied by a Declaration Regarding Electronic Filing, in a form approved by the clerk, not as an attachment to the electronic filing but as a separate document to be docketed. The Declaration must contain an original signature of the debtor(s), in a form that can be accurately scanned, and must be scanned into the System by the person who files the petition. The scanned image shall be the clerk's permanent record, and the paper Declaration need not be submitted to the clerk. II.C.1.b. Other Documents

Except for petition filings covered by subparagraph II.C.1.a, above, and except for paper filings covered by paragraph II.C.3, below, all documents associated with an electronic filing which must be signed by a person who is not the Registrant filing the document, including those listed in Fed. R. Bankr. P. 1008, must be filed electronically, and the person who files the document must obtain an original signature, in a form that can be accurately scanned, from the appropriate person on a paper copy of the document. The page of the document containing the original signature must be scanned into the System by the person filing the document as an attachment to the electronically filed document. The scanned image shall be the clerk's permanent record, and the paper documents need not be submitted to the clerk. II.C.2. Original Attorney Signatures By using the Password to make an electronic filing, a Registrant is deemed to affix the Registrant's signature to the document for all purposes, including Fed. R. Bankr. P. 9011. Each filing must indicate a signature by the designation /s/, followed by the typed name of the Registrant. The typed name must be the name of the Registrant filing the document. Registrants who are attorneys must also include their complete mailing address, telephone number, and the name of the party the attorney
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represents. If the identifying information appearing in a document filed via the Internet is inconsistent with the identifying information supporting the Password with which the document was filed, the identifying information in the document will be disregarded, and the Registrant is responsible for the document for purposes of Fed. R. Bankr. P. 9011 and all other purposes.

II.C.3. Paper Filings When documents listed above in paragraph II.C.1 are presented in paper form for scanning by the clerk, as permitted under paragraph II.A1, the paper documents must contain original signatures, in a form that can be accurately scanned. The clerk will scan the paper documents into the System; the scanned image shall be the clerk's permanent record; and the paper documents may be discarded. II.D. Fees Payable to the Clerk of the Court All fees associated with electronic filings are payable at the time of filing. The System includes a procedure for automated payments to the United States Treasury. Details of the procedure are available on the court's website and from the clerk's office. II.E. Orders II.E.1. Proposed Orders Required Motions, applications, objections to claims, and other requests for relief that are filed electronically must include a proposed order as an electronic attachment. II.E.2. Format Proposed orders must be filed in the format required by the court, as published on the court's website. II.E.3. Minute Orders Prohibited Minute order forms must not be filed with any motion, application, objection to claim, or any other request for relief.

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II.F.

Correcting Docket Entries After a document has been submitted and become part of the case record, the docket may only be corrected by the clerk. Corrections will be made by adding the correct docket entry with the appropriate document(s) referencing the incorrect docket entry.

II.G.

Technical Failures A Registrant whose filing is untimely because of a technical failure of the System may seek appropriate relief from the judge, or if no case is pending, from the Chief Judge. Relief will only be granted for cause. Any difficulty connecting to the System and any other technical failure experienced should be reported immediately to the ECF Help Desk. (Relief will not be given because of technical failures in the Registrant's office or equipment.)

III.

EXCEPTIONS TO ELECTRONIC FILING­FILINGS USING PAPER DOCUMENTS III.A. Restricted Documents A motion to restrict access to documents pursuant to Local Bankruptcy Rule 5005-4 must be filed electronically, but the proposed Restricted Documents must not be filed with the clerk via the Internet. The proposed Restricted Documents should be submitted to the clerk on paper or on a disc, CD-rom, DVD, or other similar electronic medium. III.B. Attorneys Without Financial Ability to File Electronically and Individuals Without Legal Representation III.B.1.Financial Hardship-Attorneys An attorney may file an Application for Waiver of Electronic Filing Requirements seeking an exemption from electronic filing requirements. The application must be presented to the Chief Judge and must allege financial inability to access the equipment necessary to comply with paragraph II.A.1 above. The application will only be granted for cause. III.B.2.Procedure A waiver from electronic filing does not waive compliance with Local Bankruptcy Rules.

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III.B.3.[reserved] III.B.4.Individuals Without Legal Representation An individual not represented by an attorney may file paper documents. IV. PUBLIC ACCESS TO THE SYSTEM IV.A. Internet Access A Password provides Internet access to view only those documents included in the System maintained by the Bankruptcy Court for the Northern District of Illinois. IV.B. Public Access at the Court The public will be provided electronic access to view documents in the System without charge at each division of the clerk's office, during regular business hours, Monday through Friday. IV.C. Paper Copies and Certified Copies Paper copies and certified copies of electronically maintained documents may be purchased at the division offices of the clerk, 219 South Dearborn St., Chicago, IL 60604 and 211 S. Court St., Rockford, IL 61101. Fees for copying and certifying documents are charged pursuant to 28 U.S.C.§ 1930(b).

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