CACB — TCG Supplement 5005-4: CM/ECF Procedures

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/the-central-guide/TCGSupp5005-4_CMECF-Procedures.pdf

CM/ECF Procedures

The Central Guide Supplement to LBR 5005-4

CM/ECF Procedures (Case Management/Electronic Case Filing)

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CM/ECF Overview [LBR 5005-4]

(a) What is CM/ECF? Case Management/Electronic Case Filing (CM/ECF) is
a case management system that allows attorneys to electronically file
petitions and other documents via the internet. (This system is used by
attorneys and is separate from Electronic Self Representation (eSR), which
is a free document preparation system for self-represented debtors. See
Section 1.13 for more information regarding eSR). Case information,
dockets and documents filed in CM/ECF may be accessed through the
internet with a PACER account.

(b) Mandatory Electronic Filing. Usage of the court’s CM/ECF system is
mandatory as of April 1, 2007, for all documents, except for those
documents listed in section 1.11 of this Court Manual. The mandatory
electronic filing policy provisions are set forth in LBR 5005-4.

(c) Who May Electronically File? Refer to Eligibility, section 1.2(b) below.

(d) Advantages of Using CM/ECF.

(1) CM/ECF is available 24 hours a day, 7 days a week to registered
users and can be accessed from virtually any computer with an
Internet connection.

(2) CM/ECF saves time and money as registered users no longer need
to travel to the court or send a courier to file the types of documents
accepted electronically.

(3) The submission process is fast, and the electronic forms are easy to
complete.

(4) The Clerk’s Office has taken substantial measures to secure all
activity on the CM/ECF site.

(5) Electronically filed documents are immediately entered on the court’s
docket, and an image of the filed document is simultaneously
available for viewing in CM/ECF Pacer.

(6) CM/ECF allows authorized filers to directly pay filing fees through
CM/ECF using the U.S. Treasury Internet credit card service. Upon
successful submission of a docket entry, the filer is immediately
offered the option to pay the filing fee via the Internet. Upon the
successful processing of the credit card payment, the filer receives
an internet credit card payment receipt. The receipt for payment is
automatically entered onto the case docket.

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(7) The CM/ECF Help Desk is available during business hours (Monday
through Friday, 9:00 a.m. to 4:00 p.m., excluding federal holidays)
for customer assistance at (213) 894-2365. Or, you may send an
email to ECF_Support@cacb.uscourts.gov.

(e) Hardware/Software Equipment.

Item Requirement

Computer Running a standard platform such as Windows or Mac OS X.

Any printer compatible with your computer to create electronic images Printer
of documents that are not in your word processing system.
Preferred printer settings: 200 X 200 DPI (dots per inch); black and
while scale, no picture setting.

Scanner Any scanner compatible with your computer.
Web browser. Mozilla Firefox 2 or 1.5, or Microsoft Internet Explorer Browser
6.0, 7.0 or 8.0 are recommended. Some users have had positive
experiences with other Web browsers, but those listed here have been
tested and certified for compatibility with CM/ECF. Mozilla Firefox
can be downloaded at no cost.

Exchange Software to convert documents from a word processor format to
Software portable document format (PDF). The current version of Adobe
Acrobat Professional is recommended; however, lower versions
adequately meet the CM/ECF filing requirements.

Adobe Acrobat Reader, which is available for free, is needed for
viewing PDF documents.

Microsoft Word is required for the preparation of orders that are
submitted via Lodged Order Upload (LOU).

E-mail An e-mail account that is configured to send and receive attachments.
Account You should be aware of any mailbox size limitations imposed by the
e-mail provider.

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(f) Registering for CM/ECF.

(1) Attorneys must first be admitted to practice in the Central District of
California. If you are an out-of-state attorney, you are required to
have local sponsoring counsel pursuant to LBR 2090-1(b)(3).

(A) To register for CM/ECF, attorneys, trustees, and limited filers
must complete an on-line application for training. Upon
completion of court-sponsored training and requisite training
assignments, registrants will be provided with a login and
password for CM/ECF. The attorney’s authorized staff may
be allowed to use the assigned login and password.

(B) Attorneys cannot knowingly permit a password to be used by
anyone who does not have authorized access to the program.
Please see section 1.2(d) below for more information.

(2) The online registration process takes less than 10 minutes to
complete. To register, go to <www.cacb.uscourts.gov> -> CM/ECF.

(A) Training is required for all trustees, attorneys and limited filers
unless they have been trained and issued a Login ID and
Password in another bankruptcy court district.

(g) Procedures and Frequently Asked Questions. For CM/ECF procedures,
refer to Terms, Eligibility, Registration, Training, Passwords, section 1.2
below. The most frequently asked questions and online procedures may
be found at the court’s web site at <www.cacb.uscourts.gov> -> CM/ECF.

(h) CM/ECF Documents. Most documents can be filed using the CM/ECF
system. The exceptions to electronic filing are documents filed under seal;
Writs of execution; Abstracts of judgments; Bonds; Interpleader with
attached checks and Application for Order Releasing Unclaimed Funds.
These documents must be filed at the Intake window (Motion for Order
Releasing Unclaimed Funds may also be mailed to the court’s Financial
Services Department). (See Exceptions to Mandatory Electronic Filing,
section 1.11). Refer to Proposed Orders, section 1.9 below for procedures
regarding electronically lodged orders.

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Terms, Eligibility, Registration, Training, Passwords

(a) Terms.

(1) “CM/ECF system” refers to the court’s Case Management/Electronic
Case Files System that receives documents filed in electronic format.

(2) “CM/ECF User” refers to those who have a court-issued login and
password to file documents electronically.

(3) “Notice of Electronic Filing” refers to the notice automatically
generated by the CM/ECF system each time a docket event is
entered or a document is filed.

(b) Eligibility.

(1) Full Participants. Attorneys admitted to practice in the Central
District of California, currently in good standing, (including those
admitted pro hac vice to the bar of the court and attorneys authorized
to represent the United States without being admitted to the bar),
United States trustees and their assistants, trustees in bankruptcy
and their assistants, attorneys representing the United States of
America, and others as the court deems appropriate, may register as
full participant CM/ECF Users.

(2) Limited Participants. The court may designate additional individuals
or entities such as accountants, appraisers, realtors, mediators, and
claims agents as eligible for registration as limited participant
CM/ECF Users. Such CM/ECF Users may be limited to filing
electronically certain types of documents, such as proofs of claim, or
limited to filing documents in a particular case or proceeding. Limited
participants include:

(A) Limited Filing Attorney/Limited Creditor. The Limited Filing
Attorney/Limited Creditor has limited access status to perform
the following transactions: Transfer/Assignment of Claim;
Proof of Claim; Change of Address; Reaffirmation Agreement;
Request for Courtesy Notification; Response; Personal
Financial Management Course Certificate; and any other
documents as permitted by the Court.

(B) Limited Filer Other Professionals (e.g., accountant, appraiser,
realtor, mediator). Limited Filer Other Professional will have
limited access status to perform the following transactions:
Applications for Compensation, Notice of Motion/Application;
Declarations Errata’ Mediation documents; and other
documents as permitted by the Court.

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(c) Registration for the CM/ECF System.

(1) Registration. Each attorney desiring to file pleadings or documents
through the court’s CM/ECF system must complete an online
Registration Form, complete the online training provided by the
court, and prove competence on the CM/ECF system. Attorneys
who have attended training for the CM/ECF system and are
registered in another Bankruptcy Court may be allowed to register
with this court without further training. Limited use passwords may
be issued to CM/ECF Users with formal training, when required.
Persons wishing to register as limited users must follow the same
registration procedures. Registration information is available on the
court’s web site at <www.cacb.uscourts.gov> -> CM/ECF.

(2) Certification of Requirements. Upon certification of the requirements
stated in Paragraph (c)(1) above, the Clerk will provide the
registering CM/ECF User with a login and password for the CM/ECF
system.

(3) Registration as Consent to Receive Notice and Service
Electronically. Registration by an CM/ECF User shall constitute: (1)
consent in writing to receive notice electronically and waiver of the
right to receive notice by any other means; and (2) consent in writing
to electronic service, except in regard to service of a summons and
complaint under FRBP 7004, and waiver of any right to service by
any other means. The consent and waiver includes, without
limitation, notice of the entry of an order or judgment under FRBP
9022. The consent and waiver is effective upon activation of the
participating CM/ECF User’s login and password in the CM/ECF
system live database.

(4) Attorneys CM/ECF Registration Information. The contact
information provided by the attorney on the registration form (mailing
address, email address, phone number and fax number) shall
constitute the official address of record in all cases where he or she
is attorney of record until such time as the attorney’s registration
information is updated or corrected. Additionally, only one-mailing
address per attorney can be stored in the CM/ECF system at a time.
Therefore, attorneys who have multiple addresses must provide a
preferred address to be used by the debtor and court in all of his or
her cases.

(5) Notification of Change in CM/ECF Registration Information.
Registered CM/ECF Users are able to update their email and mailing
addresses, phone number or fax number by logging into CM/ECF >
Utilities > Maintain Your Account. The updates will become effective
immediately.

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To update a CM/ECF user’s mailing address for previously filed
cases, the CM/ECF user must file a Notice of Attorney Change of
Address or Law Firm in each case pursuant to LBR 2091-1(f). The
CM/ECF user can use the multiple- case filing feature in CM/ECF to
file the Change of Address and include a list of the affected cases as
a PDF attachment. The Change of Address form is available on the
court’s website at <www.cacb.uscourts.gov> -> Forms -> Other
Forms.

(d) Login and Password.

(1) Use of Login and Password. It shall be the duty of the registered
CM/ECF User to retain control of, and to protect and secure the
confidentiality of, his or her login and password, and to prevent their
disclosure to any person not authorized to use them. No registered
CM/ECF User shall knowingly permit or cause to permit his or her
login and password to be utilized by anyone. A registered ECF User
shall immediately notify the CM/ECF Help Desk upon learning that
the security of his or her login and password has been compromised
in an e-mail addressed to ECF_support@cacb.uscourts.gov.
CM/ECF user logins are not transferable.

(2) Filing Agents. Registered attorneys, trustees and U.S. Trustees who
have an individual empowered (such as a paralegal or legal
assistant) to act on their behalf should consider the use of the Filing
Agent feature. CM/ECF registered attorneys, trustees and U.S.
Trustees may designate one or more employees as Filing Agents,
and as such may create a separate login and password that will allow
them to file documents and pay for filing fees on their behalf. The
CM/ECF registered attorneys, trustees and U.S. Trustees maintain
the same level of responsibility as with their login in ensuring that a
Filing Agent’s login is kept current at all times. The CM/ECF
registered attorneys, trustees and U.S. Trustees must deactivate a
Filing Agent’s account who leaves the firm or is no longer authorized
to file on their behalf.

(3) Suspension or Cancellation by Court. The court may suspend or
revoke an CM/ECF User’s password and, therefore, his or her
authority and ability to electronically file documents for: (1) failure to
comply with any provision of the agreement contained in the CM/ECF
User’s Registration Form; (2) failure to adequately protect his or her
password; (3) failure to comply with the provisions of the LBR or
Court Manual; (4) failure to pay fees required for documents filed
electronically; (5) other misuse of the CM/ECF system; or (6) a
sanction ordered by the court after notice and opportunity for hearing.

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Effective Dates of Filing

(a) Effectiveness of Electronically Filed Document. The electronic filing of
a document, together with the transmission by the court of a Notice of
Electronic Filing to the user filing the document, constitutes the filing of the
document for all purposes of the FRBP and the court’s Local Bankruptcy
Rules and constitutes entry of the document on the docket by the Clerk
under FRBP 5003. The official record of all documents is the electronic
recording of the document as stored by the court.

(b) Time of Filing. Filing of a document electronically does not alter the filing
deadline for that document. Filing must be completed before midnight,
Pacific Standard or Daylight Saving Time, whichever is then in effect, to be
considered timely filed that day. The date and time of filing is stated on the
Notice of Electronic Filing from the court. This time stamp is based on the
time of the electronic receipt of the document by the court, and not by the
time of transmission by the CM/ECF User.

(c) Virtual Documents. Virtual documents are certain documents (including
some orders) which are frequently used by trustees and the court, and the
text of which does not vary from case to case. A virtual document consists
entirely of the text contained in the docket entry and is not embodied in any
other document or electronic recording. The docket entry for a virtual
document shall be fully effective despite the absence of a document or
electronic recording apart from the docket entry. Examples of virtual
documents are a trustee’s report of no distribution, a trustee’s initial report
in an asset case, and a final decree closing the case.

Signatures

(a) Registered CM/ECF User.

(1) Use of Login and Password. The use of a registered CM/ECF User’s
login and password to file or lodge a document electronically
constitutes the signature of the registered CM/ECF User on the
document being electronically filed.

(2) Use of “/s/”. The “CM/ECF signature” of the registered CM/ECF User
on electronically filed documents shall be denoted by “/s/,” followed
by the registered CM/ECF User’s name, on the signature lines where
such signatures are required or applicable.

(b) Debtor(s) or Party Other than CM/ECF User. See LBR 9011-1

(1) Handwritten (Holographic) Signatures. Except as set forth in
paragraphs (a)(1) and (c), every signature by a debtor or party on a
document to be filed or lodged must be handwritten in ink

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(holographic). The handwritten signatures must be included in the
electronic (.pdf) version of any document filed or lodged through
CM/ECF by either:

(A) Scanning the entire signed document; or

(B) Scanning the executed signature page(s) and inserting the
executed signature page(s) at the appropriate location(s)
within the document.

Under no circumstances may a reproduction of the same holographic
signature be used on multiple pages or in multiple documents.
Scanned executed signature pages may not be filed as a stand-alone
document. Each page that bears the signature of a person must
actually have been signed by the person whose signature appears
on the page.

(2) Signatures Received by Facsimile or .PDF. Registered CM/ECF
Users who receive signed documents by facsimile or .pdf to be filed
or lodged through CM/ECF may include the facsimile or .pdf
signature page in the electronic (.pdf) version of the document filed
through CM/ECF The filer must promptly obtain the original signed
document bearing the signer’s original holographic signature and
comply with the retention requirement in this procedure.

(3) Retention Requirement. Whenever a holographic signature is
required, the registered CM/ECF User must maintain the executed
original of any filed document for a period of five years after the
closing of the case or adversary proceeding in which the document
is filed, and must make the executed original available for review
upon request of the court or other parties.

(c) Employee of Registered CM/ECF User. When filing a document through
CM/ECF, an employee of a registered CM/ECF user may sign a proof of
service or certificate of service by typing “/s/” followed by the employee’s
name on the signature line where such signature is required.

Electronic Filing Protocols

(a) General. Except as provided by LBR 5005-4 and section 1.12 below,
“Technical Failures,” all documents filed in any case or proceeding must be
filed electronically, signed or verified by electronic means in compliance with
these CM/ECF procedures.

(b) Enhancing Text in CM/ECF. CM/ECF filers must not use all upper case
letters when enhancing text to complete a docket entry. The use of the
standard upper and lower case format when creating docket entries results

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in information being displayed in uniform and predictable ways, thus
creating clarity and consistency.

(c) Tilde and other Accent Marks. CM/ECF filers must not include a tilde (~)
or other accent marks when entering party names in CM/ECF data fields as
these special characters will truncate the name or word. For example,
“Muñoz” becomes “Muoz” if entered in a CM/ECF data field. You may
include the tilde or other accent mark in a pdf document that is filed through
CM/ECF. For further information on style conventions for names, see the
Style Guide at <www.cacb.uscourts.gov> -> CM/ECF -> Style Guide.

(d) Judge’s Copy [LBR 5005-2]. Local Bankruptcy Rule 5005-2(d) requires
that a copy of many documents filed must be served on the judge who
presides over the bankruptcy case or adversary proceeding. Please see
section 2-02 of The Central Guide for detailed directions on the method,
manner, timing and location of serving a Judge’s copy.

(e) Document Size. Document files shall not be larger than 50 megabytes
(MB) in size. A CM/ECF User should check the size of the file prior to
attempting to upload it in the CM/ECF system. Approximately 500 pages of
text, converted from a standard word processing format to a PDF image,
should not exceed 50 MB. However, a PDF file created through scanning
a document or by inserting additional pages that have been scanned may
result in a file exceeding 50 MB. In particular, scanning a document with
graphics or dark areas will significantly affect file size. A file exceeding the
50 MB limit must be broken into smaller sections and uploaded as
consecutively numbered attachments to the main document.

(f) Image Size. Individual pages of documents shall not exceed 8.5 x 11
inches. A CM/ECF User should check the page size prior to attempting to
upload the PDF in the CM/ECF system. PDF files with pages exceeding
the 8.5 x 11 inch limit must be modified before uploading.

(g) Hyperlinks. Documents filed using the CM/ECF system may include the
following type of hyperlinks:

(1) Hyperlinks to other portions of the same document; and

(2) Hyperlinks to a location on the Internet that contains a source
document for a citation or other reference materials.

NOTE: Hyperlinks to cited authority may not replace standard citation
format. Complete citations must be included in the text of the filed
document. Neither a hyperlink, nor any site to which it refers, shall
be considered part of the record. Hyperlinks are simply convenient
mechanisms for accessing material cited in a filed document. The
court accepts no responsibility for, and does not endorse, any

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product, organization, or content at any hyperlink site, or at any site
to which that site may be linked. The court accepts no responsibility
for the availability or functionality of any hyperlink.

(h) Emergency Motions. CM/ECF Users seeking to set a motion for hearing
on an emergency basis must comply with LBR 9075-1(a) and section 2-07
of The Central Guide. The name and phone number of the contact for each
judge is listed in the TCG Supplement to section 2-07 of The Central Guide.

(i) Title of Docket Entries. The CM/ECF User must designate a title for the
document using one of the main categories provided in the CM/ECF system
(e.g., motion, application, etc.).

(j) Correcting Documents Filed in Error.

(1) When a document has been filed electronically, the official record is
the electronic recording of the document as stored by the court. Only
the Clerk’s Office can make changes to the docket entry.

(2) A document incorrectly filed in a case may be the result of posting
the wrong PDF file to a docket entry, selecting the wrong document
type from the menu, or entering the wrong case number. If an error
is detected after an item is on the docket, DO NOT ATTEMPT TO
RE-FILE THE DOCUMENT.

(3) After an error is discovered, contact the CM/ECF Help Desk at (213)
894-2365 as soon as possible. Be sure to have the case number
and document number for which the correction is being requested.
If appropriate, the court will make an entry indicating that the
document was filed in error. You will be advised if you need to re-
file the document. The CM/ECF system will not permit you to make
changes to a document or docket entry once the transaction has
been accepted.

(4) If an error regarding a fee occurs, do not pay the fee until after
speaking with someone at the CM/ECF Help Desk.

(k) Flattening and Shrinking the Document Image. All PDF files must be “flattened” prior to uploading in the court’s CM/ECF system. Documents that have not been flattened prior to submission can result in poor image quality problems for all users who attempt to view the PDF via CM/ECF. Flattening files also reduces the file size of a fillable form by over 90 percent, conserving valuable resources for the court. CM/ECF users who fail to flatten files will be contacted and asked to resubmit these files. To "flatten" the electronic file (i.e., to make the field data indistinguishable from the rest of the text in the form), "print" the form to PDF (using the print dialogue box), and file the resulting document. Detailed instructions for flattening and

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shrinking a PDF document titled, “Warning for Electronic Filers: Flattening
PDF Files Required,” are available on the court’s website at
http://www.cacb.uscourts.gov -> CM/ECF.

(l) Verification of Documents Image. A CM/ECF User shall verify, by
checking the link in the Notice of Electronic Filing or by reviewing the docket
immediately after the electronic filing, that the image of the filed document
is a correct and complete copy of the document intended to be filed. A
CM/ECF User shall immediately notify the CM/ECF Help Desk at (213) 894-
2365 of the discovery of an incorrect or incomplete image of a document.
A follow-up e-mail shall also be sent to ECF_support@cacb.uscourts.gov.

(m) Anti-Virus Software. Each CM/ECF User shall utilize updated anti-virus
software at all locations from which Internet access is made. The filing party
must check all electronic files submitted on disk or transmitted by e-mail to
the Clerk’s Office or a judge’s chambers for viruses or worms.

Privacy [LBR 1002-1]

(a) Redaction of Personal Identifiers. In compliance with the policy of the
Judicial Conference of the United States and the E-government Act of 2002,
and in order to promote electronic access to case files while also protecting
personal privacy and other legitimate interests, parties shall refrain from
including, or shall partially redact where inclusion is necessary, the following
personal data identifiers from all documents and pleadings filed with the
court, including exhibits thereto, whether filed electronically or in paper
format, unless otherwise ordered by the court or required by statute, the
FRBP, or the Official Bankruptcy Forms.

(1) Social Security Numbers. If disclosure of a Social Security number
is required, only the last four digits of that number should be used.
(This does not apply to Official Form121, Statement About Your
Social Security Number(s)).

(2) Names of Minor Children. If disclosure of the identity of any minor
child is required, only the initials of that child should be used.

(3) Dates of Birth. If disclosure of an individual’s date of birth is
required by any statement or schedule, only the year should be
used.

(4) Financial Account Numbers. If disclosure of any financial account
number is required, only the last four digits of that number should
be used.

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NOTE: The responsibility for redacting the personal identifiers listed above
rests solely with counsel and the parties. The Clerk’s Office will not
review each document for compliance with this rule.

(b) Statement About Your Social Security Number(s) - Official Form 121.

(1) When to Submit to the Court. Attorneys who electronically file
petitions using the court’s CM/ECF system must electronically
submit the Statement About Your Social Security Number(s) (Official
Form121) to the court on the same day of the filing of the petition.

(2) How to Submit to the Court. To ensure the privacy of the debtor’s
Social Security Number, the court requires that the Statement About
Your Social Security Number(s) be printed, signed by the debtor(s),
scanned as a separate PDF file, and docketed separately from the
Voluntary Petition using the “private” event code Statement About
Your Social Security Number(s) Form 121 (BK - Other). DO NOT
file an amended Statement About Your Social Security Number(s) as
“Amendment” since this event will cause the document and the
Social Security Number to appear on the public docket. Use “private”
event code Statement About Your Social Security Number(s)
Form 121 (AMENDED STATEMENT) (BK - Other). More detailed
instructions on how to submit the Statement of Social Security
Number(s) or an Amended Statement of Social Security Number(s)
are available on the court’s website at http://www.cacb.uscourts.gov->
CM/ECF -> CM/ECF Procedures.

(3) Privacy of the Debtor(s) Social Security Number(s). Attorneys must
use the proper event code to prevent the full social security
number(s) from appearing on the public docket, which is a violation
of FRBP 9037.

Payment of Filing Fees

(a) When Fees are Due. For filings that require a fee, the CM/ECF system will
prompt the CM/ECF User to enter credit card information (card number and
expiration date) and the payment amount following the transaction. The
credit card receipt shall include a reference to the case and docket number.
Funds will be automatically charged to the card holder’s account by the
United States Treasury Department. All applicable filing fees are due at the
time of filing. If you choose to accumulate filing fees throughout the day, all
fees must be paid by the end of the day in which the filings occurred.

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(b) Consequences of Not Paying Fees Timely. A registered CM/ECF User
will be locked out of the CM/ECF system and prevented from filing additional
documents if the filing fees are not paid by the end of the day. The
registered CM/ECF User will receive a daily email reminder until all
outstanding filing fees are paid in full. Once a CM/ECF User is locked out
of the CM/ECF system, there will be limited access to run the Payment
History and Internet Payments Due reports in order to make payments. The
registered CM/ECF User must log into PACER to run standard reports and
queries. Full access rights will be restored in the CM/ECF system after all
outstanding fees have been paid in full.

(c) Debtor’s Personal Credit Card. A debtor’s personal credit card cannot be
used to pay the filing fee through the CM/ECF system.

Service of Documents by Electronic Means [LBR 9036-1]

(a) Consent to Electronic Service. As a condition of participation in filing
electronically via CM/ECF, CM/ECF Users are required to consent to
electronic service of all documents, except with regard to LBR 7004-1,
service of a summons and complaint. The consent is effective upon
activation of the CM/ECF User’s login and password in the live CM/ECF
system. The consent shall apply in all cases in which the consenting entity
is a party. The entity may withdraw consent to electronic service by giving
notice of not less than 30 days to all parties in matters in which the entity is
a party. An entity that has requested to receive a Courtesy Notification of
Electronic Filing pursuant to Public Notice 08-015 has consented to
electronic service of all documents.

(b) Notice of Electronic Filing (NEF).

(1) Whenever a document is filed electronically using the court’s
CM/ECF system, the filing party automatically will be sent a Notice
of Electronic Filing by electronic means at the time of docketing.
Electronic transmission of the Notice of Electronic Filing through the
court’s transmission facilities constitutes service of the notice of the
filed document to registered CM/ECF Users and others who have
consented in writing to accept such service of notice. The party filing
the document using the court’s CM/ECF system shall serve the
document on other parties as required by the FRBP and the Local
Bankruptcy Rules.

(2) Proof of service on mandatory LBR form F 9013-3.1.PROOF.SERVICE
must be filed for all documents filed electronically, indicating that
service was accomplished through the Notice of Electronic Filing for
parties and counsel who are registered CM/ECF Users, and

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indicating how service was accomplished on any party or counsel
who is not an CM/ECF User.

(3) A party entitled to service who is not a registered CM/ECF User in
the CM/ECF system is entitled to a paper copy of any electronically
filed document. The filing party must serve the non-registered
CM/ECF party with the document according to the FRBP and the
Local Bankruptcy Rules.

(4) Copies of documents that have been filed electronically which the
court is required to transmit to the United States trustee shall be
transmitted to the United States trustee electronically via a Notice of
Electronic Filing.

(c) Courtesy Notification of Electronic Filing (NEF).

(1) Registered CM/ECF users who wish to receive courtesy electronic
notification of documents filed in a particular bankruptcy case may
submit a request to the court using the form Request for Courtesy
Notification of Electronic Filing (NEF). This form is available on the
court’s website at <www.cacb.uscourts.gov> -> Forms -> Other
Forms.

(2) All requests for a courtesy NEF must be filed electronically with the
court. The courtesy electronic notification shall be delivered via the
court’s CM/ECF system as an NEF. Requests for a Courtesy NEF
will not be accepted at the Intake window. (See Public Notice 08-
015.)

(d) Removal from Notice of Electronic Filing (NEF) or Courtesy NEF.
Registered CM/ECF users who wish to no longer receive NEFs or Courtesy
NEFs on a particular case may refer to procedures in the CM/ECF online
manual available on the Court’s website at http://www.cacb.uscourts.gov->
CM/ECF -> CM/ECF Procedures, or contact the CM/ECF Help Desk at
(213) 894-2365 for assistance.

(e) Notice of Claim Filed by Debtor or Trustee. A debtor’s attorney or a
trustee electronically filing a proof of claim on behalf of a creditor under
FRBP 3004 shall be responsible for giving notice of the filing to the creditor,
debtor and trustee as required by that rule.

(f) Electronic Notice & Service on United States Trustee [LBR 2002-2].
The United States trustee accepts service via NEF of most documents.
However, there are several specific situations in which service on the United
States trustee must be made by personal delivery, overnight mail, or regular
mail. Please consult LBR 2002-2 for these rules. Please consult section 2-

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04 of The Central Guide for information about the United States trustee and
addresses for mailing documents to the United States trustee.

Proposed Orders [LBR 9021-1]

Unless otherwise authorized by the court, proposed orders may be lodged
electronically on all cases and adversary proceedings using the court's Lodged
Order Upload (LOU) program in CM/ECF. The procedures for using the court’s
Lodged Order Upload program are located in section 1-15 of The Central Guide.
Online procedures may be found on the court’s web site at
<www.cacb.uscourts.gov> -> CM/ECF -> LOU (Lodged Order Upload).

Entry of Judgments and Orders

(a) Electronic Transmission. Immediately upon the entry of a judgment or
order, the Clerk’s Office shall electronically transmit a Notice of Electronic
Filing to registered CM/ECF users and others who have consented to
electronic service or notice in the case or proceeding through the court’s
transmission facilities. The electronic transmission of the Notice of
Electronic Filling shall constitute the service on such persons or entities of
the notice of entry of the judgment or order required by FRBP 9022.

(b) Notice and Service by Mail on the Debtor or Debtor’s Attorney. The
Bankruptcy Noticing Center will give notice of the entry of the judgment or
order by mail only to as follows:

(1) Bankruptcy Cases. The BNC will send notice of an order ONLY to
the debtor and debtor’s attorney (when not a registered CM/ECF
User).

(2) Adversary Proceedings. A complete street address must be listed
on the CM/ECF docket for an adversary proceeding in order for the
BNC to deliver notice of an order. If an address is missing or
incomplete, the BNC will not deliver a notice to that party or attorney.
Please contact 1-855-460-9641, if there is an address missing from
the docket.

(A) Parties. The BNC will send notice of an order to all plaintiffs
and all defendants whose complete street addresses are
listed on the CM/ECF docket for the adversary proceeding.

(B) Attorneys. The BNC will send notice of an order to attorneys
who do not receive notices electronically by NEF, if a
complete address is listed on the CM/ECF docket for the
adversary proceeding.

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(c) Notice and Service on other Parties. Any persons or entities who (1) do
not receive orders by NEF, (2) who are entitled to such service of an order
or judgment pursuant to FRBP 9022 and LBR 9021-1(b), and (3) will not be
served by BNC, must be served as follows:

(1) Lodged Party Serves the Order or Judgment. If a party lodges the
order, that party must promptly serve the order on that person or
entity and file a Proof of Service of Document within 72 hours from
entry of the order or judgment.

(2) Court Serves the Order or Judgment. If the court prepares the order,
and the person or entity does not receive service via NEF, the court
will send the order by U.S. mail to that person or entity.

Exceptions to Mandatory Electronic Filing

(a) Document Exception. The following documents shall be filed
conventionally and not electronically unless specifically authorized by the
court:

(1) Documents filed under seal;

(2) Writs of execution;

(3) Abstracts of judgments;

(4) Applications for renewals of judgments;

(5) Bonds;

(6) Interpleader with attached checks; and

(7) Involuntary Petitions.

(8) Application for Order Releasing Unclaimed Funds. See section 4
of The Central Guide, under LBR 3011-1, to locate the Application
and related notice and other guidelines. See instructions located
on the court’s website with LBR form F3011-
1.MOTIONUNCLAIMEDFUNDS)

(b) Exception for Self-Represented Litigants. A person who is not
represented by an attorney may file and serve documents non-
electronically.

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(c) Limited Exception for Attorneys. See LBR 5005-4

(1) An attorney who has never filed documents in 5 bankruptcy cases
or adversary proceedings in a single calendar year may file and
serve documents non-electronically.

(2) An attorney who has filed, non-electronically, documents capable of
being filed electronically in 5 or more bankruptcy cases or
adversary proceedings in a single calendar year must thereafter
file documents electronically through the court’s CM/ECF system.

(3) The court reserves the right in its sole discretion to revoke this limited
exception at any time upon notice to the attorney.

Technical Failures

A CM/ECF User whose filing is made untimely as a result of a technical failure may
seek appropriate relief from the court.

(a) CM/ECF Outage Procedures. In the event that the court is unable to
accept electronic filings due to a scheduled or unscheduled failure or outage
of CM/ECF (an “Outage”), the option of filing documents manually at the
filing window always remains available and should be utilized whenever it
is essential that a particular document be filed by a particular date.
However, as it is significantly more cumbersome and time-consuming for
the court to process paper filings, we would prefer that attorneys limit the
number of instances in which they file manually during an Outage. Please
refer to the following guidelines for assistance in evaluating whether a given
document should be filed manually during an Outage.1

(1) Filing a Hard Copy. You should file a hard copy of the relevant
documents manually at the intake window or by mail if you need to
commence a new bankruptcy case before the court is again able to
accept electronic filings (“Resumption of Service”) or if, in the
exercise of your professional judgment, you conclude that (a)
applicable law requires that your client file a given set of documents
before Resumption of Service in order for the filing to be effective or
(b) it is not within the judge’s discretion to excuse noncompliance
with the applicable deadline. You might reach this conclusion, for
example, if one of the following is true:

1 The term, “Outage,” as used in these guidelines refers to an instance in which CM/ECF is not functional and does not refer to an instance in which your office or your internet service provider is having technical difficulties and you are therefore unable to accomplish an electronic filing. If there is an Outage within the meaning of these guidelines, you will receive an email to this effect from the ECF Help Desk, advising you that the system is unavailable.

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NOTE: PARAGRAPHS (1) THROUGH (3) ARE EXAMPLES ONLY
AND SHOULD NOT BE UNDERSTOOD AS AN EXCLUSIVE
LIST OF THE INSTANCES IN WHICH YOU SHOULD FILE
MANUALLY DURING AN OUTAGE.

(A) Example 1. The document is a complaint, a notice of appeal,
a proof of claim, an election to opt-out of the Bankruptcy
Appellate Panel, a motion to vacate a default or a motion to
extend time to file schedules or other case commencement
documents, and the applicable statute of limitations, bar date
or filing deadline will run before Resumption of Service;

(B) Example 2. The Bankruptcy Code or the Federal Rules of
Bankruptcy Procedure establish a specific deadline for the
filing of the documents in question that will run prior to
Resumption of Service (e.g., a motion to extend the automatic
stay in a second bankruptcy case pending within a year; a
motion to assume or reject a lease of nonresidential real
property; a complaint objecting to a discharge; or a complaint
seeking to have a debt declared nondischargeable); or

(C) Example 3. You need to file something in order to create
bankruptcy court jurisdiction over a given dispute prior to
Resumption of Service so that the court will have jurisdiction
to act (e.g., you need to file and serve an adversary
proceeding so that the court will have the jurisdiction to issue
a temporary restraining order or preliminary injunction).

(2) Not Filing a Hard Copy. If you conclude in the exercise of your
professional judgment that the provisions of subsection (1) do not
apply, please observe the following guidelines:

(A) Filing. Except as provided in paragraph (2)(E) below, do not
file the document manually at an intake window or by mail.
Except as provided in paragraph (2)(E) below, wait until
Resumption of Service and file as soon as possible thereafter.

(B) Service or Notice. Serve the document by the applicable deadline imposed by the Local Bankruptcy Rules (or any other applicable rules) on all appropriate parties, including the judge, by the same method of service required or authorized under the Local Bankruptcy Rules and/or the Court Manual. If a given party to be served is a registered CM/ECF user who has not opted out of electronic service by NEF, you may serve the document by emailing a copy of the document to the email address that would have been used by CM/ECF to serve the document. However, be sure to prepare, maintain (and file by

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the deadline set forth in paragraph (2)(E) below) a proof of
service that accurately describes how and when you served
these people. The standard court form for a proof of electronic
service or notice will not suffice as it does not include a section
for service by email other than through CM/ECF.

(C) Judge’s Copy. As you will not be able to attach proof of filing
to the judge’s copy at the time of service on the judge, please
note on the front page of the document in the upper right hand
corner, “NOT YET FILED DUE TO AN OUTAGE.”

(D) Obtaining a Hearing Date. During the pendency of an Outage,
if you elect to wait until Resumption of Service to file a motion,
request or application, you may nevertheless select a hearing
date from the judge’s self-calendaring system (or request a
date from the judge’s calendar clerk for matters that cannot
be self-calendared) for your motion, request or application
and put the date, time and place of the hearing on the caption
page of the service copies of the document, but be sure to
serve your documents at least as many days in advance of
the hearing date that you select as is required under the Local
Bankruptcy Rules and any other applicable rules.

(E) Absolute Deadline for Filing.

(i) Matters to be Set for Hearing.

1) Notwithstanding anything contained herein to
the contrary, if the documents that you have
been unable to file electronically due to an
Outage comprise a motion, application or
request that is set for hearing, you must file
those documents (manually, if necessary) not
less than three court days before the date set for
the hearing, or your hearing will need to be
rescheduled.

2) If your documents comprise a response to a
motion, request or application, or a reply thereto
– or if the documents you seek to file is a
stipulation to continue or resolve a hearing2
– the deadline set forth in paragraph (2)(E)(i)(1)
above does not apply. Oppositions, replies and
stipulations to continue or resolve hearings

2 If you have reached an agreement with opposing parties to resolve or continue a matter, please notify chambers by phone as soon as possible, whether or not there is an Outage.

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should be filed promptly after Resumption of
Service, even if Resumption of Service occurs
after the date scheduled for the hearing, but in
all instances you must ensure that service
copies, including the judge’s copy, are served in
a timely manner so that the judge and affected
parties have an opportunity to review and act on
these documents prior to the hearing even if
they have not yet been filed.

(ii) Matters Not Set for Hearing. If your motion,
application or request is one for which there is no
hearing, your documents will need to be filed,
manually if necessary, on or before the date on
which you need to have an order signed. The judge
will not sign an order acting on or in response to a
motion, application or request unless that motion,
application or request has been filed with the court.

Public Access to the CM/ECF System

(a) Internet Access. Internet access to the CM/ECF system is not available
without a PACER login and password. A PACER login and password can
be secured by contacting the PACER Service Center to establish an
account. Registration may be made online at http://pacer.psc.uscourts.gov,
or by calling the PACER Service Center at (800) 676-6856. Such access
to the CM/ECF system will allow the retrieval of the docket sheet and
documents. Access to the CM/ECF system will be on a “read only” basis.

(b) Public Access at the Court. The public will have electronic access at the
Clerk’s Office during regular business hours for viewing the docket sheet
and filed documents in the CM/ECF system unless that access has been
suspended after public notice.

(c) Conventional Copies and Certified Copies. Uncertified and certified
copies of electronically filed documents may be purchased at the Clerk’s
Office during regular business hours or online as indicated in section 1-17
of The Central Guide. The fee for copying and certification will be in
accordance with the provisions of 28 U.S.C. § 1930.

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