Free Administrative Procedures for Electronic Filing - Texas

ADMINISTRATIVE PROCEDURES FOR THE FILING, SIGNING, AND VERIFYING OF DOCUMENTS BY ELECTRONIC MEANS IN TEXAS BANKRUPTCY COURTS

Effective December 1, 2004
With amended Section III(E)(5)(b)(1), effective 10/15/08

TABLE OF CONTENTS
I. THE A. B. C. D. ELECTRONIC CASE FILING SYSTEM. Statewide ECF Administrative Procedures .................................... Page 1 Participation in the Electronic Filing Program............................... Page 1 Electronic Filing by Creditors and Agents for Creditors.............. Page 1 Electronic Filing by Other Persons.................................................. Page 2

II.

REGISTRATION AND TRAINING. A. Registration.........................................................................................Page 2 B. Training...............................................................................................Page 4 ELECTRONIC FILING AND SERVICE OF DOCUMENTS. A. Filing....................................................................................................Page 5 B. Signatures............................................................................................Page 9 C. Pleading Attachments.......................................................................Page 10 D. Special Instructions Regarding Fees...............................................Page 12 E. Service................................................................................................Page 13 F. Consequences of Electronic Filing...................................................Page 14 SUBMISSION OF ORDERS. A. General Provisions............................................................................Page 14 B. Specific Directives: Northern District............................................Page 14 C. Specific Directives: Southern District............................................Page 15 D. Specific Directives: Eastern District...............................................Page 16 E. Specific Directives: Western District.............................................Page 16 PUBLIC ACCESS TO THE DOCKET A. Internet Access..................................................................................Page 18 B. Public Access at the Court...............................................................Page 18 C. Conventional Copies and Certified Copies.....................................Page 18 EXHIBITS A. Notice of Electronic Filing................................................................Page 19 B-1. Declaration For Electronic Filing (Petition & Schedules.............Page 20 B-2. Declaration For Electronic Filing (Petition & Matrix only).........Page 21 B-3. Declaration For Electronic Filing (Schedules & Statements & Amended Petition/Matrix only)....Page 22

III.

IV.

V.

VI.

ECF Procedures in Texas Bankruptcy Courts

-i-

Adopted: December 1, 2004

I.
A.

THE ELECTRONIC CASE FILING SYSTEM
Statewide ECF Administrative Procedures. The United States Bankruptcy Courts for the Northern, Southern, Eastern, and Western Districts of Texas (collectively, the "Texas Bankruptcy Courts") have each authorized the filing, signing and verification of documents by electronic means. The precise scope of documents authorized or required to be filed in an electronic format varies by district.1 The purpose of this Appendix is to provide attorneys and other parties who seek to file documents by electronic means a convenient means by which to ascertain the appropriate electronic filing procedures for a particular Texas Bankruptcy Court (hereafter referenced as the "Authorizing Court").

B. 1.

Participation in the Electronic Filing Program. Registration Requirement. An approved participant (an "Electronic Filer"), including any attorney admitted to practice before the Authorizing Court, must register for an authorization through which such person can accomplish the electronic filing of documents with such Authorizing Court.2 Authorization. An approved participant (an "Electronic Filer") will be assigned a login and password combination with which to access the Electronic Filing System (the "System") for a particular Authorizing Court.

2.

C.

Electronic Filing by Creditors and Agents for Creditors. A creditor or an agent for a creditor (including an attorney-agent not admitted to practice before the Authorizing Court) may also become an Electronic Filer for the purpose of filing by electronic means proofs of claim and a limited range of claimrelated documents with the Authorizing Court. Each Authorizing Court shall determine the precise scope of documents which may be filed through a creditor authorization. Any creditor who routinely files claims and other documents in any Authorizing Court may be required to become an Electronic Filer.

Though permissive language is utilized in this Appendix, please consult the electronic filing information provided on the Internet homepage of each particular Texas Bankruptcy Court to determine whether the filing of documents by electronic means is required. Those websites are identified in Sections II(A)(1) and VI(A)(1) of this Appendix. In the Northern District, this includes government attorneys exempted from admission requirements under LR 83.11.
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1

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D.

Electronic Filing by Other Persons. Documents to be filed by any person who is not an Electronic Filer may be filed by electronic means at any office of the Clerk of the Authorizing Court. Each Authorizing Court shall determine the precise methodologies and procedures to accomplish such filings.

II.
A. 1.

REGISTRATION AND TRAINING
Registration. Registration Forms. Registration forms are available from the Clerk of each Authorizing Court for which electronic filing registration is sought or through the Authorizing Court's website: Northern District: Southern District: Eastern District: Western District: www.txnb.uscourts.gov www.txs.uscourts.gov www.txeb.uscourts.gov www.txwb.uscourts.gov

The completed application must be returned to the applicable Clerk as follows: Northern District: Clerk, United States Bankruptcy Court Attn: Electronic Filing Registration 1100 Commerce Street, Suite 1254 Dallas, TX 75242. Phone: (214) 753-2600 Southern District: Electronic Registration United States District Court 515 Rusk Avenue P. O. Box 61010 Houston, TX 77208-1010 Phone: (866) 358-6201 Eastern District: ECF HelpDesk United States Bankruptcy Court Plaza Tower 110 N. College, Ninth Floor Tyler, TX 75702. Phone: (903) 590-3233

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Adopted: December 1, 2004

Western District:

ECF HelpDesk United States Bankruptcy Court 615 E. Houston St. San Antonio, TX Phone: (210) 472-6720 ext. 272 P. O. Box 1439 San Antonio, TX 78295-1439

[or if mailed]:

A separate registration form must be submitted for each attorney within a particular law firm. 2. Login/Password Assignments. An approved participant (an "Electronic Filer") will be assigned a login and password combination with which to access the Electronic Filing System (the "System") for a particular Authorizing Court. Additional login/password combinations may be authorized by the Clerk of the Authorizing Court. Only the Electronic Filer, or an authorized representative, may receive the electronic notice of the assigned login and password combination(s). Unless the Clerk of the Authorizing Court grants a request for delivery of the login/password assignment by first class mail or through some other approved means, the Electronic Filer shall receive notice of such assignments by electronic mail. Each Authorizing Court reserves the right to revoke or to change any assigned login and/or password from time to time as may become necessary. System Access. The assignment of a login and password combination will initially be utilized for training purposes only and such combination will not be activated for use on the "live" System until such time as the Electronic Filer has successfully completed all training requirements imposed by the Authorizing Court and has received full authorization from that Court to utilize its System. Consent to Electronic Notice from Court. By accepting a login and password from the Authorizing Court, an Electronic Filer consents, in lieu of any right to receive notice by first class mail, including notice issued pursuant to Fed. R. Bankr. P. 2002(a) and 9022, to the receipt of notice by electronic means from the Authorizing Court or from the Bankruptcy Noticing Center. Consent to Electronic Notice from Parties. By accepting a login and password from the Authorizing Court, an Electronic Filer consents, in lieu of any right to service of any document by personal service or by first class mail from interested parties, to accept service from such parties by electronic means through the transmission facilities of the Authorizing Court, excepting the service of process of a summons and complaint in an adversary proceeding under Fed. R. Bank. P. 7004, or
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3.

4.

5.

ECF Procedures in Texas Bankruptcy Courts

the service of a subpoena under Fed. R. Bankr. P. 9016. 6. Password Security. An Electronic Filer may find it desirable to change his/her password periodically. This may be accomplished through procedures set forth in the User's Manual available on the website of the Authorizing Court. In the event that an Electronic Filer believes that the security of an existing password has been compromised, the Electronic Filer shall give immediate notice to the Clerk of the Authorizing Court in order to prevent access to the System by the use of that password. Such notice may be given in the manner set forth in the User's Manual issued by the Authorizing Court. Change of Address. In the event of a change in any registration information (e.g., mailing address, e-mail address, etc.), an Electronic Filer assumes sole responsibility for updating such registration information with the Authorizing Court through the Utilities section of the System.

7.

B. 1.

Training. Prerequisite to Live Access. An Electronic Filer must demonstrate the ability to docket pleadings satisfactorily to the Authorizing Court's training system as a prerequisite to obtaining access to such Court's "live" System. Training Sessions. To assist prospective Electronic Filers in fulfilling the above prerequisite, each Authorizing Court shall conduct classroom training sessions as needed to train prospective Electronic Filers and shall reserve the right to organize such training sessions according to party-type (e.g., trustees, debtor attorneys, creditor attorneys, etc.). Staff members associated with prospective Electronic Filers, such as paralegals and legal assistants, are strongly encouraged to attend these sessions. Reciprocity. Attorneys who are admitted to practice before an Authorizing Court and who have been authorized to file documents by electronic means in another federal district may become an Electronic Filer in the Authorizing Court upon a demonstration of the ability to docket pleadings successfully to that Court's training system. Such reciprocity requests should be presented to the Clerk of the Authorizing Court who shall exercise sole discretion as to whether such reciprocity request should be granted or whether additional training requirements should be imposed. Telephonic Training. Certain Electronic Filers who require only limited access to electronic document filing, such as for proofs of claim only, may not be required to attend classroom training, but instead may receive training assistance by telephone. However, each Authorizing Court reserves the right to require classroom training for
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2.

3.

4.

ECF Procedures in Texas Bankruptcy Courts

any prospective Electronic Filer and those trained via telephone shall still be required to demonstrate the ability to docket pleadings satisfactorily to the Court's training system prior to gaining access to the "live" system of the Authorizing Court.

III.
A. 1.

ELECTRONIC FILING AND SERVICE OF DOCUMENTS
Filing. Scope. Except as stated otherwise below, any petition, complaint, motion, answer, objection, comment, response, memorandum of law, proof of claim, or other document in connection with a case may be filed by electronic means. Such document must be in a portable document format ("PDF") at the time of submission to the System. Methodology. Any such document, together with any pleading attachments thereto, shall be electronically filed under one docket entry and the Electronic Filer will be responsible for designating an appropriate title for the document by utilizing one of the docket event categories authorized by the System. Certificate of Service. Any required certificate of service shall be included in the main document.
[Exception (Southern District): Certificates of service may also be filed separately.]

2.

3.

4.

Proposed Orders Due Upon Filing. See Section IV of this Appendix for specific instructions for the submission of proposed orders in each particular district. Pleading Attachments. See Section III(C) of this Appendix for specific instructions regarding the filing of any document in conjunction with any pleading or proof of claim. PDF File Limitations. No single PDF file, whether containing a document or an attachment, may exceed forty (40) pages in length. Documents and/or attachments in excess of forty pages must be divided into multiple PDF files and accurately described to the Authorizing Court. If a document, together with any attachments thereto, exceeds one hundred (100) pages in length, please call the Clerk of the Authorizing Court for guidance prior to filing such document by electronic means. Motion for Leave. A motion for leave of court to file a document must be filed by electronic means. The document for which such leave is sought shall be submitted for review as a pleading attachment to the main document. Upon receipt of an order granting leave, an Electronic Filer shall file the authorized document by electronic means.
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5.

6.

7.

ECF Procedures in Texas Bankruptcy Courts

8.

Motion to File Document Under Seal. A motion to file a document under seal shall be filed electronically without attachment of the subject document(s) for which protection is sought. The Authorizing Court may require the submission of paper copies of the subject document(s) in a sealed envelope prior to the issuance of any ruling on the motion. Upon the granting of the motion, and only if paper copies of the protected subject document(s) have not previously been provided, the Electronic Filer shall file paper copies of the protected document(s) in a sealed envelope, with a copy of the order authorizing the filing of the documents under seal affixed to such envelope. Adversary Complaint and Summons. A complaint, with a proposed summons as an attachment, must be filed electronically with the Court. Because service of the summons by electronic means is currently precluded under the Federal Rules of Civil Procedure, the Court will print the proposed summons, affix the appropriate signature and seal upon it, and issue the executed original to the filing party by mail.
[Exception (Southern District): The filing party must deliver the summons form in paper format to the Clerk's office for execution.]

9.

10.

Emergency and Expedited Hearing Requests. Upon the filing of documents which require the immediate attention of the Authorizing Court, such as requests for emergency or expedited hearings, an Electronic Filer shall immediately notify the applicable Courtroom Deputy or Case Manager by telephone or by e-mail. Telephone and e-mail information for each of the Texas Bankruptcy Courts are as follows: (a) Northern District: Traci Davis, Courtroom Deputy Phone: (214) 753-2046 Email: [email protected] Flo Coleman, Courtroom Deputy Phone: (214) 753-2060 Email: [email protected] Viola Salcido, Courtroom Deputy Phone: (214) 753-2059 Email: [email protected] Julie Combs, Courtroom Deputy Phone: (806) 472-5006 Email: [email protected]
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Adopted: December 1, 2004

Hon. Steven Felsenthal:

Hon. Harlin Hale:

Hon. Barbara Houser:

Hon. Robert Jones:

ECF Procedures in Texas Bankruptcy Courts

Hon. Michael Lynn:

Sandy Chonody, Courtroom Deputy Phone: (817) 333-6016 Email: [email protected] Jana McCrory, Courtroom Deputy Phone: (817) 333-6036 Email: [email protected]

Hon. Russell Nelms

(b)

Southern District: Robin Stennis, Case Manager Phone: (713) 250-5405 Email: [email protected] Maureen Bryan, Case Manager Phone: (713) 250-5445 Email: [email protected] Maria Rodriguez, Case Manager Phone: (713) 250-5410 (preferred) Email: [email protected] Anita Ainsworth, Case Manager Phone: (713) 250-5421 Email: [email protected] Letitia Garza, Case Manager Phone: (361) 888-3452 (preferred) Email: [email protected] Jean Kell, Case Manager Phone: (713) 250-5779 (preferred) Email: [email protected]

Hon. Jeff Bohm:

Hon. Karen Brown:

Hon. Letitia Clark:

Hon. Marvin Isgur:

Hon. Richard Schmidt:

Hon. Wesley Steen:

(c)

Eastern District: Chasha Traylor, Courtroom Deputy Phone: (903) 590-3237 Email: [email protected]

Hon. Bill Parker: (Tyler & Marshall Divisions)

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Adopted: December 1, 2004

Hon. Bill Parker: (Beaumont & Lufkin Divisions)

Debra Theriot, Courtroom Deputy Phone: (409) 839-2617, ext. 225 Email: [email protected] Shirley Rasco, Courtroom Deputy Phone: (972) 509-1240, ext. 226 Email: [email protected].

Hon. Brenda Rhoades:

(d)

Western District: Lisa Elizondo, Courtroom Deputy Phone: (210) 472-6720, ext. 236 Email: [email protected] Pete Guerrero, Courtroom Deputy Phone: (512) 916-5237, ext. 317 Email: [email protected] Jana Brisiel, Courtroom Deputy Phone: (210) 472-6720, ext. 235 Email: [email protected] Anita Chapman, Courtroom Deputy Phone: (512) 916-5237, ext. 319 Email: [email protected]

Hon. Leif Clark:

Hon. Larry Kelly:

Hon. Ronald King:

Hon. Frank Monroe:

11.

Designation of Appellate Record. A designation of the items to be included in the record on appeal pursuant to Fed. R. Bankr. P. 8006 must be filed by electronic means. However, copies of the designated documents to be delivered to the Clerk of the Authorizing Court pursuant to the applicable local rule shall be delivered in a paper format, with the format of all subsequent filings to be determined by the appropriate District Court. Unavailability of System. If there is a technical failure of the Court's System which renders it inaccessible to an Electronic Filer on the last day prescribed under any applicable rule or court order for the timely filing of a document, such prescribed period shall be extended until the end of the next business day after access to the System has been restored. Practice Note: Parties should be aware that the Authorizing Court may lack authority to relieve a party from the operation of any applicable statute of

12.

ECF Procedures in Texas Bankruptcy Courts

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Adopted: December 1, 2004

limitations based upon the unavailability of the Court's System. In such event, alternative filing means should be utilized in a timely manner.

B. 1.

Signatures. Signature Requirement. A document filed by electronic means shall either: (a) contain a scanned image of any manual signature or an electronic signature affixed thereto; or (b) display an "/s/" with the name typed in the location at which the signature would otherwise appear such as: /s/ Jane Doe; OR

/s/ Jane Doe, Notary Public 3 ; OR /s/ Jane Doe, President, ABC Corporation. 2. Consequence of Login/Password Usage. Without relieving an Electronic Filer of the duty to comply with the signature requirement outlined above in Section III(B)(1), the filing of any document using a login/password combination issued by the Authorizing Court shall constitute an Electronic Filer's signature for purposes of signing the document under Fed. R. Bankr. P. 9011 or any other signature requirement imposed by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, or any local rule of the Authorizing Court. No person shall knowingly utilize or cause another person to utilize the password of an Electronic Filer unless such a person is an authorized agent of the Electronic Filer. Declarations for Electronic Filing. Within five (5) business days of the filing by electronic means of a bankruptcy petition, list, schedule, or statement that requires verification or an unsworn declaration under Fed. R. Bankr. P. 1008, the Electronic Filer shall tender to the Court in paper format the appropriate "Declaration for Electronic Filing," substantially conforming either to Exhibit "B-1," "B-2," or "B-3," which has been executed by any individual debtor or by the authorized representative of any corporate or partnership debtor. Such Declaration shall be thereafter maintained by the Clerk of the Authorizing Court in paper format.

3.

If the "/s/" signature option is utilized for a notary public, the commission date for such notary public should be typed on the electronically-submitted document.
ECF Procedures in Texas Bankruptcy Courts

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4.

Retention of Documents With Third-Party Signatures. Except as otherwise set forth in this Appendix, or as otherwise ordered by the Authorizing Court, documents which contain the original signature of any party other than the Electronic Filer, other than a Declaration for Electronic Filing as referenced above, shall be retained by the Electronic Filer for a period of not less than five (5) years after the case or adversary proceeding is closed and, upon request, such original document must be provided to the Court or other parties for review.

C. 1.

Pleading Attachments. Definition. A "pleading attachment" is any document filed in support of, or in conjunction with, any pleading or proof of claim filed with the Authorizing Court. A pleading attachment shall be submitted as a PDF attachment to (and docketed with) the main document. Exception¹: Memorandum of Law. A memorandum of law pertaining to a pleading must be filed separately and linked as a related document to such pleading. Exception²: Trial Exhibits. No trial exhibit shall be filed by electronic means.

2.

Summary or Excerpt Required. Except as stated below or otherwise authorized by separate court order, no document in excess of forty (40) pages shall be filed as a pleading attachment. In lieu thereof, the Electronic Filer shall either create and thereafter file as the pleading attachment: (a) (b) an accurate summary of such document; or an excerpt of such portion of such document as may be directly germane to the issue being presented to the Court provided; however, that the excerpted material is clearly and prominently identified as such.

3.

Service of Complete Copy Upon Request. If a summary or excerpt is filed with the Court as a pleading attachment, any party entitled to service of the pleading under the Federal Rules of Bankruptcy Procedure, the Local Rules of any Authorizing Court or any court order has a right to request service of a complete copy of the source document for which the summary or excerpt is submitted and the filing party shall immediately comply with such request at no charge to the requesting party. A complete copy of the source document must also be available for distribution to the Court and opposing parties at any scheduled hearing pertaining to the matter.

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Adopted: December 1, 2004

4.

Exceptions to the Summary/Excerpt Requirement. Pleading attachments to the following pleadings are excepted from the summary/excerpt requirement expressed above and shall instead be filed in their entirety by electronic means, subject to the PDF file limitations imposed by Section III(A)(6) of this Appendix: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) Chapter 9 or Chapter 11 Plan of Reorganization; Disclosure Statement; Application for Compensation and/or Reimbursement of Expenses; Applications to Employ pursuant to Fed. R. Bankr. P. 2014; Motion to Dismiss pursuant to Fed. R. Bankr. P. 7012; Motion for Summary Judgment pursuant to Fed. R. Bankr. P. 7056; Motion for TRO/Injunctive Relief pursuant to Fed. R. Bankr. P. 7065; Motion for New Trial or to Alter/Amend Judgment pursuant to Fed. R. Bankr. P. 9023; Motion for Relief from Judgment/Order pursuant to Fed. R. Bankr. P. 9024; Motion for Remand pursuant to Fed. R. Bankr. P. 9027; Trustee's Final Report and Account (in all chapters); Any documents containing affidavits or verified statements; and Proofs of Claim.

5.

Paper Copy for Chambers Required. Unless otherwise ordered, a complete paper copy of the following pleadings, including all attachments thereto, should be delivered within 24 hours of the electronic filing to the Clerk of the Authorizing Court for use by the assigned judge. Such pleadings are designated below according to district: (a) Northern District: (1) Chapter 9 or Chapter 11 Plan of Reorganization; (2) Disclosure Statement; (3) Motion for Summary Judgment; (4) Application for Compensation and/or Reimbursement of Expenses; and (5) Motion to Dismiss pursuant to Fed. R. Bankr. P. 7012. (b) Southern District: (1) Chapter 9 or Chapter 11 Plan of Reorganization; (2) Disclosure Statement; (3) Any motion or application filed under Fed. R. Bankr. P. 2014, 7012, 7056, 7065, 9023 or 9024; (4) Trustee's Final Report and Account (in all chapters); and (5) Any documents containing affidavits or verified statements.

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Adopted: December 1, 2004

(c) Eastern (1) (2) (3) (4) (5)

District: Chapter 9 or Chapter 11 Plan of Reorganization; Disclosure Statement; Motion for Summary Judgment; Application for Compensation and/or Reimbursement of Expenses (only when fee exhibit exceeds 25 pages); and Motion to Dismiss pursuant to Fed. R. Bankr. P. 7012 (if over 25 pages).

(d) Western District: None at this time. 6. Affidavits. The digital representation of an affidavit filed pursuant to the directives of this Section shall be construed as a valid affidavit upon which the Authorizing Court shall be entitled to rely. At the request of the Court or upon any dispute regarding the validity of the underlying affidavit, the Electronic Filer shall produce the originallyexecuted affidavit at any scheduled hearing pertaining to the matter. Trial Exhibits. No trial exhibit shall be filed by electronic means.

7.

D. 1.

Special Instructions Regarding Fees. Northern District: Please consult the ECF On-Line Credit Card Payment Guide which is available at: http://www.txnb.uscourts.gov/ecf/cc_attorney_guide.pdf. Electronic Filers who choose to pay filing fees for multiple filings in a single payment or those using a "quick filing" or "flash filing" feature offered in certain bankruptcy filing software must settle their accounts by the close of business each day. Southern District: None at this time.

2.

3.

Eastern District: Please consult the ECF On-Line Credit Card Payment Guide which is available at http://www.txeb.uscourts.gov/Finance/Internet Credit Card Manual.pdf. Electronic Filers may elect to pay the required filing fee after each transaction or make a single payment for all accumulated filing fees. Western District: None at this time.

4.

ECF Procedures in Texas Bankruptcy Courts

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Adopted: December 1, 2004

E. 1.

Service. Notice of Electronic Filing. Whenever a document is filed by electronic means in accordance with these procedures, the System will automatically generate for the Electronic Filer a "Notice of Electronic Filing" at the time of docketing in a format substantially conforming to Exhibit "A." Fulfillment of Service Requirements. The System will serve either the "Notice of Electronic Filing" or, if so elected by the recipient, a "Daily Summary Report of Bankruptcy Filings" containing notice of the electronic filing of the document, upon all parties who have consented to electronic service. The service of the "Notice of Electronic Filing" or the "Daily Summary Report of Bankruptcy Filings" upon such parties is the equivalent of service of the document upon such parties by first class mail, postage prepaid, by the Electronic Filer. Service of Paper Documents. The Electronic Filer must serve the document in paper format upon the debtor(s), if required, as well as upon any party entitled to service who is not registered for electronic service and is not, therefore, listed as a recipient of electronic notice on the Notice of Electronic Filing. Any supplemental certification regarding the service of paper documents must be filed by electronic means. Electronic Service of Summons/Complaint/Subpoena Prohibited. Service of a summons and complaint under Fed. R. Bankr. P. 7004 or of a subpoena under Fed. R. Bankr. P. 9016 by electronic means is prohibited by the Federal Rules of Civil Procedure. Miscellaneous Service Provisions. (a) Northern District: (1) Notice of Hearing Required. A Notice of Hearing must be filed and served by the movant for all matters requiring a hearing, and for all subsequent continuances of that matter. When the movant is given a hearing date and time for a matter by the Court, it is the movant's responsibility to file and serve the Notice of Hearing.

2.

3.

4.

5.

(b)

Southern District: None at this time. (Amended 10/15/08).

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Adopted: December 1, 2004

(c)

Eastern District: None at this time. Western District: None at this time.

(d)

F.

Consequences of Electronic Filing. When a document has been transmitted to the System in a manner consistent with these Procedures and the System has generated to the Electronic Filer a responsive "Notice of Electronic Filing," the document is filed as of the date and time noted on such Notice. A document is filed on a particular day if the transmission of the document is completed prior to midnight in the Central time zone.

IV.
A. 1.

SUBMISSION OF ORDERS.
General Provisions. Cover Sheet Not Required. A cover sheet is not required for any order submitted by electronic means. Restrictions on Fonts. The proper processing of orders through the Bankruptcy Noticing Center requires the use of designated fonts in any proposed order. The fonts used with Adobe Acrobat Writer version 3 or 4 must be Courier, Helvetica, or Times New Roman (regular, bold, italic, and bold italic). The fonts used with Adobe Acrobat Writer version 5 must be Arial, Courier, or Times New Roman (regular, bold, italic, and bold italic). Affixing Signatures. Required signatures of parties or their respective attorneys on any agreed order or judgment may be documented through any means authorized under Section III(B) of this Appendix.

2.

3.

B. 1.

Specific Directives on Orders: Northern District. Submission of Proposed Order Upon Filing. If a proposed order is required to be submitted to the Court, an Electronic Filer in the Northern District of Texas must submit the proposed order in either WordPerfect or Microsoft Word format using the Court's order processing system and may separately submit the order in PDF format. The User's Manual explains this requirement.
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ECF Procedures in Texas Bankruptcy Courts

2.

Submission of Court-Directed Orders and Judgments. When directed by the Court to submit a proposed order or judgment, the proposed order or judgment shall be submitted using the Court's order processing system. Specifications. All orders submitted by electronic means in the Northern District of Texas must conform to the following specifications: (a) The top margin on the FIRST PAGE must be four (4) inches. All other pages of the order will have a top margin of one (1) inch. To assist the Court in verifying that the "entire" body of the submitted order has been properly transmitted, the LAST LINE in the order must consist of "# # # END OF ORDER # # #" which is centered in the middle of the page to indicate that the order is completed. Any signatures and/or attachments will be placed below this line. A line for the date and a signature line for the judge is to be omitted. All orders will be signed electronically by the judge in the space provided at the top of the first page. All orders prepared by legal counsel shall indicate the name of the law firm, the signature of the attorney responsible for the order, the mailing address and phone number for the firm and the fax number and/or e-mail address, if applicable, below the "# # # END OF ORDER # # #" line. If the submitting party wishes to indicate to whom copies of the signed order should be sent, those parties' names and addresses shall be included on the order below the "# # # END OF ORDER # # #" line.

3.

(b)

(c)

(d)

(e)

C. 1.

Specific Directives on Orders: Southern District. Submission of Proposed Order Upon Filing. If a proposed order is required to be submitted to the Court, an Electronic Filer in the Southern District of Texas must submit the proposed order as an attachment to the main document at the time of filing. Submission of Agreed and Court-Directed Orders and Judgments ("Greensheet Orders"). Unless otherwise ordered by the Court, the submission of orders and judgments to the Court, whether by agreement of the parties prior to a scheduled hearing or trial, or pursuant to a directive of the Court issued at the conclusion of a hearing or trial, shall be accomplished by electronic means through the selection of the following event: "proposed order submission after hearing (greensheet)."
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2.

ECF Procedures in Texas Bankruptcy Courts

D. 1.

Specific Directives on Orders: Eastern District. Submission of Proposed Order Upon Filing. If a proposed order is required to be submitted to the Court, an Electronic Filer in the Eastern District of Texas must submit the proposed order as an attachment to the main document at the time of filing. Submission of Agreed and Court-Directed Orders and Judgments. The submission of orders and judgments to the Court, whether by agreement of the parties prior to a scheduled hearing or trial, or pursuant to a directive of the Court issued at the conclusion of a hearing or trial, shall be accomplished by electronic means: (a) For orders pertaining to contested matters, the "Upload for Agreed and Court-Directed Orders" link in the "Bankruptcy Event" section of the System should be used. For judgments or orders pertaining to adversary proceedings, the "Upload for Agreed and Court-Directed Orders and Judgments" link in the "Adversary Event" section of the System should be used.

2.

(b)

3.

Submission Prior to Hearing. If an agreed order or judgment which completely resolves all matters in dispute is submitted to the Court by electronic means at any time prior to a scheduled hearing or trial, the scheduled hearing or trial shall be canceled and the attendance of the parties at that scheduled hearing or trial shall be excused. Specifications. Any type of order or judgment submitted by electronic means in the Eastern District shall be submitted in a traditional format, concluding with an open space of not less than 1.5 inches in length for the affixing of the judge's signature. This space shall be in lieu of the traditional dateline and signature block.

4.

E. 1.

Specific Directives on Orders: Western District. Submission of Proposed Order Upon Filing. For all motions, applications, objections to claims, and other requests for relief, including those with "negative notice language" (bankruptcy case or adversary proceeding) filed in the Western District of Texas, the Electronic Filer at the time of filing must separately submit a proposed order by electronic means using the Court's Order Upload feature in the System. Exception¹: Orders Pertaining to Wage Withholding and Filing Fee Installments. Requests for entry of order to pay wages and applications to pay filing fee in installments are considered administrative orders and proposed orders regarding these two

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Adopted: December 1, 2004

pleadings shall be submitted as an attachment to the main document upon filing. 2. Submission of Agreed and Court-Directed Orders and Judgments. The submission of orders and judgments to the Court, whether by agreement of the parties prior to a scheduled hearing or trial, or pursuant to a directive of the Court issued at the conclusion of a hearing or trial, shall be accomplished by electronic means using the Court's Order Upload feature in the System. Specifications. Except as otherwise directed below, all orders submitted by electronic means in the Western District of Texas must conform to the following specifications: (a) The top margin on the FIRST PAGE must be four (4) inches. All other pages of the order will have a top margin of one (1) inch. To assist the Court in verifying that the "entire" body of the submitted order has been properly transmitted, the LAST LINE in the order must consist of three (3) pound symbols (# # #) which is centered in the middle of the page to indicate that the order is completed. A line for the date and a signature line for the judge is to be omitted. All orders will be signed electronically by the judge in the space provided by the top margin on the first page. All orders prepared by legal counsel shall indicate the name of the law firm, the name of the attorney responsible for the order, the mailing address and phone number for the firm and, if desirable, the fax number and/or e-mail address. This information shall be included on the order, after the line containing the three (3) pound symbols. If the submitting party wishes to indicate to whom copies of the signed order should be sent, those parties' names and addresses shall be included on the order, after the line containing the three (3) pound symbols.

3.

(b)

(c)

(d)

(e)

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Adopted: December 1, 2004

V.
A. 1.

PUBLIC ACCESS TO THE DOCKET
Internet Access. Access Through Websites. Any person may obtain access to the documents and dockets maintained by the Texas Bankruptcy Courts through their respective websites: Northern District: Southern District: Eastern District: Western District: www.txnb.uscourts.gov www.txs.uscourts.gov www.txeb.uscourts.gov www.txwb.uscourts.gov

Such Internet access requires registration with the PACER Service Center at www.pacer.psc.uscourts.gov.(or 1-800-676-6856) and, in accordance with the mandate of the Judicial Conference of the United States, a user fee will be charged, except that parties who are served with a document through the use of the "Notice of Electronic Filing" generated by the Court's transmission facilities have one opportunity to view, save, or print that document without charge by utilizing the hyperlink which will appear in that Notice. 2. Protective Orders. Any person may move the Authorizing Court for an order limiting electronic access to, or prohibiting the electronic filing of, specifically identified materials upon the grounds that the utilization of electronic access or electronic filing is likely to prejudice the privacy interests of an affected party.

B.

Public Access at the Court. Public access to the information maintained in an electronic format by the Texas Bankruptcy Courts may be obtained without charge in each divisional office of the Clerk during regular business hours, excluding federal holidays and extraordinary circumstances (i.e. delayed openings due to inclement weather).

C.

Conventional Copies and Certified Copies. Conventional copies and certified copies of documents maintained in an electronic format may be purchased in each divisional office of the Clerk during business hours. The fee for copying and certification is prescribed by 28 U.S.C. §1930.

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Adopted: December 1, 2004

Exhibit A: " Notice of Electronic Filing" Sample Format

***NOTE TO PUBLIC ACCESS USERS*** You may view the filed documents once without charge. To avoid later charges, download a copy of each document during this first viewing. U.S. Bankruptcy Court Northern District of Texas (train) Notice of Electronic Filing The following transaction was received from Trainer, TXNB entered on 12/1/2004 at 2:25 PM CST and filed on 12/1/2004 Case Name: Case Number: Document Number: Laurie A. Sam and Sammy G. Sam 04-30005-13 14

Docket Text: Motion for relief from stay Fee amount $150, Filed by Creditor ABC, Inc. Objections due by 12/16/2004. (Trainer, TXNB) The following document(s) are associated with this transaction:

Document description:Main Document Original filename:H:\My Stuff\CMECF\Attorney Class Files\Case Files\Motion.pdf Electronic document Stamp: [STAMP bkecfStamp_ID=1017686615 [Date=12/1/2004] [FileNumber=79177-0] [3f723eda94f5cbf5de19b7a684bb7f891f7cc53adce5c607d20ff789546d1289e5c0b 3e9013ba053e890e40fd95de8bb6a351fa3b40bfd079aba32c228adfdaf]]

04-30005-13 Notice will be electronically mailed to: Lee Attorney Laurie Shwiff TXNB Trainer [email protected] [email protected], [email protected]

04-30005-13 Notice will not be electronically mailed to:

ECF Procedures in Texas Bankruptcy Courts

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Adopted: December 1, 2004

Exhibit B-1 to Appendix 5005: If filing petition and all schedules/statements simultaneously

IN THE UNITED STATES BANKRUPTCY COURT FOR THE [ insert ] DISTRICT OF TEXAS IN RE: ____________________________ Debtor(s) § § § § §

Case No. _________________ Chapter _____

DECLARATION FOR ELECTRONIC FILING OF BANKRUPTCY PETITION, LISTS, STATEMENTS, AND SCHEDULES PART I: DECLARATION OF PETITIONER:
As an individual debtor in this case, or as the individual authorized to act on behalf of the corporation, partnership, or limited liability company seeking bankruptcy relief in this case, I hereby request relief as, or on behalf of, the debtor in accordance with the chapter of title 11, United States Code, specified in the petition to be filed electronically in this case. I have read the information provided in the petition, lists, statements, and schedules to be filed electronically in this case and I hereby declare under penalty of perjury that the information provided therein, as well as the social security information disclosed in this document, is true and correct. I understand that this Declaration is to be filed with the Bankruptcy Court within five (5) business days after the petition, lists, statements, and schedules have been filed electronically. I understand that a failure to file the signed original of this Declaration will result in the dismissal of my case. G [Only include for Chapter 7 individual petitioners whose debts are primarily consumer debts] ­ I am an individual whose debts are primarily consumer debts and who has chosen to file under chapter 7. I am aware that I may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief available under each chapter, and choose to proceed under chapter 7. [Only include if petitioner is a corporation, partnership or limited liability company] ­ I hereby further declare under penalty of perjury that I have been authorized to file the petition, lists, statements, and schedules on behalf of the debtor in this case. ___________________________ John Doe, Debtor Soc. Sec. No. ________________ OR John Doe, Position/Capacity ___________________________ Jane Doe, Joint Debtor Soc. Sec. No. ________________

G

Date: _____________.

PART II: DECLARATION OF ATTORNEY:
I declare under penalty of perjury that: (1) I will give the debtor(s) a copy of all documents referenced by Part I herein which are filed with the United States Bankruptcy Court; and (2) I have informed the debtor(s), if an individual with primarily consumer debts, that he or she may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief available under each such chapter.

Date: _____________.

_________________________ A. Lawyer, Attorney for Debtor Page 20 of 22
Adopted: December 1, 2004

ECF Procedures in Texas Bankruptcy Courts

Exhibit B-2 to Appendix 5005: If filing "bare-bones" petition, matrix, & 20 largest unsecured list. IN THE UNITED STATES BANKRUPTCY COURT FOR THE [ insert ] DISTRICT OF TEXAS IN RE: ____________________________ Debtor(s) § § § § §

Case No. _________________ Chapter _____

DECLARATION FOR ELECTRONIC FILING OF BANKRUPTCY PETITION AND MASTER MAILING LIST (MATRIX) PART I: DECLARATION OF PETITIONER: As an individual debtor in this case, or as the individual authorized to act on behalf of the corporation, partnership, or limited liability company seeking bankruptcy relief in this case, I hereby request relief as, or on behalf of, the debtor in accordance with the chapter of title 11, United States Code, specified in the petition to be filed electronically in this case. I have read the information provided in the petition and in the lists of creditors to be filed electronically in this case and I hereby declare under penalty of perjury that the information provided therein, as well as the social security information disclosed in this document, is true and correct. I understand that this Declaration is to be filed with the Bankruptcy Court within five (5) business days after the petition and lists of creditors have been filed electronically. I understand that a failure to file the signed original of this Declaration will result in the dismissal of my case. G [Only include for Chapter 7 individual petitioners whose debts are primarily consumer debts] ­ I am an individual whose debts are primarily consumer debts and who has chosen to file under chapter 7. I am aware that I may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief available under each chapter, and choose to proceed under chapter 7. [Only include if petitioner is a corporation, partnership or limited liability company] ­ I hereby further declare under penalty of perjury that I have been authorized to file the petition and lists of creditors on behalf of the debtor in this case. ___________________________ John Doe, Debtor Soc. Sec. No. ________________ OR John Doe, Position/Capacity ___________________________ Jane Doe, Joint Debtor Soc. Sec. No. ________________

G

Date: _____________.

PART II: DECLARATION OF ATTORNEY:
I declare under penalty of perjury that: (1) I will give the debtor(s) a copy of all documents referenced by Part I herein which are filed with the United States Bankruptcy Court; and (2) I have informed the debtor(s), if an individual with primarily consumer debts, that he or she may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief available under each such chapter.

Date: _____________. _________________________ A. Lawyer, Attorney for Debtor
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Adopted: December 1, 2004

Exhibit B-3 to Appendix 5005: If filing schedules/statements subsequent to petition date or amendments of petition, matrix, schedules or statements. IN THE UNITED STATES BANKRUPTCY COURT FOR THE [ insert ] DISTRICT OF TEXAS IN RE: ____________________________ Debtor(s) § § § § §

Case No. _________________ Chapter _____

DECLARATION FOR ELECTRONIC FILING OF AMENDED PETITION, ORIGINAL/AMENDED BANKRUPTCY STATEMENTS AND SCHEDULES, AND/OR AMENDED MASTER MAILING LIST (MATRIX) As an individual debtor in this case, or as the individual authorized to act on behalf of the corporation, partnership, or limited liability company named as the debtor in this case, I hereby declare under penalty of perjury that I have read G G the original statements and schedules to be filed electronically in this case the voluntary petition as amended on the date indicated below and to be filed electronically in this case the statements and schedules as amended on the date indicated below and to be filed electronically in this case the master mailing list (matrix) as amended on the date indicated below and to be filed electronically in this case

G

G

and that the information provided therein is true and correct. I understand that this Declaration is to be filed with the Bankruptcy Court within five (5) business days after such statements, schedules, and/or amended petition or matrix have been filed electronically. I understand that a failure to file the signed original of this Declaration as to any original statements and schedules will result in the dismissal of my case and that, as to any amended petition, statement, schedule or matrix, such failure may result in the striking of the amendment(s). G [Only include if petitioner is a corporation, partnership or limited liability company] ­ I hereby further declare under penalty of perjury that I have been authorized to file the statements, schedules, and/or amended petition or amended matrix on behalf of the debtor in this case.

Date: __________________.

_________________________ John Doe, Debtor OR John Doe, Position/Capacity

________________________ Jane Doe, Joint Debtor

ECF Procedures in Texas Bankruptcy Courts

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Adopted: December 1, 2004