BANKRUPTCY RULE 5005-1

ELECTRONIC FILING

The CM/ECF electronic case file constitutes the official case file. Except as specified in D.N.D.  Bankr. L.R. 9010-2(C), any document filed by an attorney, United States Trustee or case trustee (registered user) must be filed electronically using the court's CM/ECF system. Guidance on electronic filing is available in the ECF User's Manual.

(A)           CM/ECF Registration

By registering with CM/ECF, the registered user waives the right to receive notice and service by first class mail and consents to receive notice electronically, except service of a summons and complaint under Fed. R. Bankr. P. 7004. The registered user also consents to receive electronic notice of entry of a judgment or order in lieu of notice as required by Fed. R. Bankr. P. 9022 and Fed. R. Civ. P. 5(b). Registration guidance is available in the ECF User's Manual.

(B)           Signature

An attorney's use of the login and password issued for CM/ECF together with the name on the signature block or the name on the signature block on documents filed using court  approved modules that interface with the CM/ECF system constitutes the signature of the attorney and client(s) for all purposes, including Fed. R. Bankr. P. 9011.

(C)           Verification

By filing a document electronically, an attorney affirms that all petitions, lists, schedules, statements and amendments are verified under Fed. R. Bankr. P. 1008 and 9011.

(D)           FILING DEADLINES

A document filed electronically is deemed filed at the date and time stated on the Notice of Electronic Filing. Electronically filed pleadings must be filed before midnight central standard time on the due date to be considered timely filed unless the court specifically requires an earlier filing time.

(E)            Service

Electronic transmission of a document or order to the CM/ECF system together with the Notice of Electronic Filing automatically generated by the court's CM/ECF system constitutes filing, service and proof of service of the filed document or order on registered users for all purposes of the Federal Rules of Bankruptcy Procedure and the rules of this court, except as required by Fed. R. Bankr. P. 7004.  Parties who are not electronic filers must be provided notice or service of any pleading or other document electronically filed in accordance with the Federal Rules of Bankruptcy Procedure and the local rules, except when a debtor or a party consents to electronic notification. Proof of service must be filed when serving nonelectronic filing parties.

(F)            Required fees

Electronic filers must pay any incurred filing fees, including installment payments, through the CM/ECF system.