Frequently Asked Questions

• It is easy to use.
• Electronic access to case files will usually be available twenty-four hours a day, seven days a week (except during periods of scheduled maintenance).
• The time it takes to file a petition or other pleading is considerably reduced.
• The amount of paper used and the necessary storage space are greatly reduced.
• Copies of documents can be made instantly from an office or home computer.
• Registered users appearing in a case will receive instantaneous electronic notice of filings, which reduces the costs of handling and mailing paper notices, and greatly speeds delivery.
• There will be a reduced need for couriers or runners.
• The general public, including creditors, can access case files from public terminals or through a PACER account, which may result in reducing the need for creditors to contact the clerk or trustees’ offices for case information.
• Docket and report generation is easily accessible.
• File usage allows simultaneous access by the public, bench, and bar without the need to retrieve case files from a file room or from the Federal Records Center.
• The out-of-pocket cost of participation for attorneys is relatively low because the system uses Internet standard software.

• Electronic filing:
  

  The federal rules provide that "[a] court may by local rule permit papers to be filed, signed or verified by electronic means . . . ." [Fed. R.Civ. P. 5(e) (made applicable by Bankruptcy Rule 7005); Bankruptcy Rule 5005(a)(2)].

  Pursuant to the foregoing authority, prior to the date of CM/ECF implementation, this court will issue an initial Administrative Order authorizing electronic filing, signing, and verification.

• Electronic service:
  

  The federal rules authorize parties to serve documents (other than certain case-initiating documents) by electronic means upon written consent of the party to be served. [Fed. R. Civ. P. 5(b) (made applicable by Bankruptcy Rule 7005); Bankruptcy Rule 9014]. Courts may also serve court notices electronically upon written consent. [Bankruptcy Rule 9022] The provisions apply to service of documents covered by Fed.R.Civ.P. 5(a), but not to service under Fed.R.Civ.P. 4. Thus, service of process by electronic means is not authorized.

  Under Bankruptcy Rule 9006(f), parties are given an additional three days to respond after service of a notice or other paper served electronically under Fed.RCiv.P. 5(b)(2)(D), as made applicable by Bankruptcy Rule 7005.

  Under Fed.R.Civ.P.5(b)(2)(D) and (b)(3), service by electronic means is complete on transmission, except where a party learns that attempted service did not reach the person to be served. These provisions are incorporated by reference into Bankruptcy Rule 7005. Under Bankruptcy Rule 9036 entities may request in writing notice by electronic transmission, which shall be complete upon the transmission.

Pursuant to Local Rule 5005-1(G)(1)(b), parties must still bring paper orders to the hearing which will be conventionally signed and converted to electronic format by the clerk's office. www.pacer.psc.uscourts.gov for more information. The PSC can also provide phone support for e-filing users; specifically, the PSC staff can assist with browser issues, Adobe Acrobat installation and use, general navigation around a judiciary e-filing site like ours, etc. The hours of the PSC are from 8:00 AM to 5:00 PM CST - 1-800-676-6856.

The assigned CM/ECF login and password will be used to file documents. A Notice of Electronic Filing (NEF) is generated each time a document is filed in CM/ECF. If you have made an electronic appearance in that case, you will receive email notice via an NEF. The NEF will contain hyperlinks to the case number and document number. You can click on the hyperlink docket number to retrieve a document. This first retrieval is free, but you will be charged for subsequent retrievals via PACER.

Access to documents, docket sheets, claim registers and other reports in CM/ECF is available through PACER at the published fees. Parties who are not registered users may access electronic case records free of charge at the public computer terminals in each divisional clerk's office. In addition, non registered parties in a case may register to receive notices sent by the clerk electronically through the BNC system in lieu of regular mail service. See FAQ #20 for more information regarding service. Filing a document in CM/ECF for the first time (except for filing a proof of claim) is that registered user's electronic notice of appearance in that case only. Until the registered user enters his or her formal appearance, he or she will receive no electronic notices in that case. Every registered user who has made an electronic appearance in a specific case will automatically receive a Notice of Electronic Filing (NEF) or a Daily Summary Report (DSR) for each electronic entry in the case. If a PDF document is attached to that NEF the registered user will be able to view the document once at no charge for a period of 15 days from receipt of the NEF.

Registering for CM/ECF and using CM/ECF is free (however, all current clerk's filing and other fees will continue to apply). The filing user is required to pay bankruptcy filing fees for cases, proceedings and other documents which require a filing fee via the CM/ECF credit card payment module. Upon the successful processing of a credit card payment via the Internet, the filer will automatically receive an electronic confirmation receipt of payment and an electronic receipt of payment event will be recorded into the case record.

The registered user must pay ALL filing fees for CM/ECF transactions on the date the document(s) is filed. Failure to pay outstanding filing fees within 24 hours will cause the registered user’s electronic filing privileges to be suspended and the matter being brought to the attention of the assigned judge who, without further notice or hearing, may impose sanctions as provided by Local Rule 1001-1(D), including dismissal of the case(s) or, if applicable, striking of the document(s).

Filing fees paid in error will ONLY be refunded upon motion and order of the court except when a filing fee is an unintended duplicate payment caused by an error in the court's CM/ECF system or Internet credit card program.

As with other statutory authorized fees, the $45 retrieval fee will continue to be assessed whenever a file is ordered from the Federal Records Center (FRC) pursuant to the Miscellaneous Fee Schedule. With the implementation of CM/ECF, documents filed prior to October 17, 2005, will not be converted to electronic imaged format unless ordered by the court. Therefore, if access is needed to an actual document filed in a case prior to October 17, 2005, that has been closed and archived, the archive retrieval fee will be required. Documents filed on or after October 17, 2005, will be maintained electronically and no retrieval from archives (and related retrieval fee) will be necessary.

Documents can be viewed using your PACER login and password at a charge of $.08 per page with a maximum cost of $2.40 for each document (excluding transcripts of court proceedings). Trustees are exempt from this fee for cases in which they appear as trustee.

Before filing any document requiring a signature in CM/ECF, the registered user must obtain the party or parties' original signature(s) on a paper copy of the document. The registered user must advise the signing party that the document is being filed electronically and that the paper version of the document must be an exact copy of the electronic document with the sole exception that the paper version will contain original signatures. The registered user must type or print the signer's name either above or below the signature line on the electronic document. The typed or printed names are the registered user's representation that the document was signed in original by that party, regardless of whether or not /s/, /s, or s/ is added near the typed name. If the document contains a scanned image of a signature, the typed name must appear under the signature.

Registered users must keep signed, original documents in a case for at least five years from the date of discharge of the debtor, dismissal of the case or final resolution of all appeals pending in the case, whichever is later. This retention neither affects nor replaces any other retention period required by other laws or rules of procedure. The court may require the production of original documents for review by the court, a trustee, the U.S. trustee, or any interested party.

(See Administrative Order 05-02, Implementation of Case Management/Electronic Case Files (CM/ECF) System for addtitional information.)

Copies of the documents designated for the record on appeal filed on or after October 17, 2005, may be printed directly from PACER and provided conventionally to the clerk. Copies of designated documents filed before October 17, 2005, must be made from the court’s official paper record by requesting copies of the documents from the clerk’s office at a charge of $.50 per page.)

By registering to file electronically with the court, users consent to receive service and notice electronically via the system generated Notice of Electronic Filing (NEF) and waive the right to receive notice by first class mail under Federal Rule of Civil Procedure 5(b)(2)(D) and Bankruptcy Rule 7005. Users also consent to receive electronic service via the NEF and waive the right to personal service or first class mail under Fed.R.Civ.P. 5(b)(2)(D) and Bankruptcy Rule 7005, except service of a summons and complaint. Waiver of service and notice by first class mail applies to notice of the entry of an order or judgment. (See   Administrative Order 05-02, Implementation of Case Management/Electronic Case Files (CM/ECF) System.)

Consent to electronic service becomes effective in a particular case when a registered user either files a document that generates an NEF (except a proof of claim) or adds himself or herself to the service list for that case. In order to reduce noticing costs and unnecessary duplication of service, the court, in conjunction with CM/ECF implementation, will also implement a program that will ensure that registered users who are served with an NEF will not receive duplicate notice served via the Bankruptcy Noticing Center (BNC) except for the § 341 notice of commencement of case. This elimination of duplicate noticing will also apply to those registered users who have separately entered into an agreement for e-mail or fax service from the BNC.

The NEF will reflect the names and e-mail addresses of those electronic filers to whom electronic service was sent through CM/ECF. The NEF is not a substitute for submission of a certificate of service by a party required to serve a document. The party filer or other party directed by the court must serve all necessary parties and file a certificate of service as required by the local rules. Parties who are not registered users in this court or have yet to appear electronically in a specific case must be served by conventional paper service under the federal rules and this court's local rules. Therefore, the certificate of service should indicate who was served and the manner of service (i.e., "The following parties were served by U.S. Mail; the following parties were served via the Notice of Electronic Filing").

Parties are strongly encouraged to file documents electronically during normal business hours, in case a technical problem is encountered. If required to meet a filing deadline, a registered user is permitted to conventionally file a document ONLY when the CM/ECF system is inaccessible or the registered user’s computer system is inoperable. A registered user whose filing is made untimely as a result of a technical failure may seek, or the court on its own motion may grant, appropriate relief. No filing deadline shall be deemed extended due to technical problems, EXCEPT by court order. See AO 05-2 sec. VI.