You are here

Filing Requirements

The following filing requirements apply to any person or entity wishing to file a document with this Court.

Latest Revision: January 25, 2024

 

 


Those filing without the assistance of an attorney (pro se parties) are advised that forms and time frame requirements will be difficult to follow and may result in problems in processing the case. Moreover, federal law prohibits employees of the Bankruptcy Court Clerk's Office from providing legal advice to the public.

  1. The following documents will not be accepted for filing, unless otherwise authorized:
    1. A petition not accompanied by the proper filing fee (Local Bankruptcy Rule 1002-1);
      1. Acceptable forms of payment include money order or cashier's check made payable to Clerk, U.S. Bankruptcy Court.
      2. Personal checks and credit cards are not acceptable.
    2. A petition presented for filing on behalf of a person or entity subject to an order enjoining such person or entity from filing the petition (Local Bankruptcy Rule 1002-1);
    3. Any facsimile (fax) transmission (Local Bankruptcy Rule 5005-1(b)).
  2. Failure to comply with the following requirements may, at the discretion of the Court, result in the issuance of a Notice of Filing Deficiency, an Order to Appear and Show Cause, or a document not being accepted for filing:

    Except as otherwise provided, all documents presented for filing by the following persons or entities must be filed electronically through the Court's Electronic Case Filing System:

    1. Documents Filed in Paper Format
      1. For a bankruptcy petition or adversary complaint filed in paper format, the debtor or plaintiff, or counsel for debtor or plaintiff, must appear in person at the appropriate Clerk's Office to file the petition or complaint.
      2. When appearing at the Clerk's Office, the debtor or plaintiff must provide sufficient identification, which includes a current driver's license, government ID card, passport, or state-issued ID card.
      3. If co-debtors or co-plaintiffs intend to file a joint case, both codebtors or co-plaintiffs (husband and wife) must be present at the Clerk's Office.
      4. An exception to the above requirements will be permitted if the debtor or plaintiff has executed a power of attorney. In such cases the holder of the power of attorney may file the petition or complaint on behalf of the debtor or plaintiff after presenting the power of attorney document and sufficient identification at the Clerk's Office.
      5. All documents presented for filing or lodging in paper format:
        1. Must be printed, typewritten, or hand printed in ink on 8½ x 11 inch white paper;
        2. Must be prepared on only one side of the document. No duplex or double-sided printing will be accepted, and;
        3. Must not be pre-punched. (Local Bankruptcy Rule 5005-1(a))
    2. Documents Filed Electronically
      1. Attorneys
      2. Trustees
      3. ECF-registered creditors
      4. ECF-registered professional persons
      5. Creditors not represented by an attorney who file more than 25 proofs of claim in any 12-month period. (Local Bankruptcy Rule 5005-4(a); Administrative Procedures Manual, Section I A 2; Notice to Attorneys Concerning Paper Filings)
    3. List of Creditors (Mailing Matrix): Filings in Paper Format

      Unless otherwise ordered by the Court, all petitions filed in paper format must be accompanied by a list of creditors listing creditors and parties in interest. Lists of creditors must comply with the following technical standards:

      1. Each address must not exceed 5 lines of type.
      2. Each list of creditors page must be prepared showing creditors in a single column no closer than 1½ inches from any edge.
      3. Each line of type must not exceed 40 characters.
      4. Addresses must not contain account numbers or other internal creditor identifying codes.
      5. The last line within each address must show only the city, state, and zip code.
      6. Only two-letter state abbreviations must be used.
      7. Lists of creditors must be submitted in a font supported by the Bankruptcy Noticing Center (BNC), which includes Courier (Regular, Bold, Oblique, and Bold Oblique), Helvetica (Regular, Bold, Oblique, and Bold Oblique), Arial (Regular, Bold, Italic, and Bold Italic), Times (Regular, Bold, Italic, and Bold Italic), Times New Roman (Regular, Bold, Italic, and Bold Italic), Symbol, and ZapfDingbats. (Local Bankruptcy Rule 1007-2(b)(2))
    4. List of Creditors (Mailing Matrix): Electronic Filings
      1. Attorneys filing new petitions or creditor amendments via electronic case filing are required to file a List of Creditors with the petition or amendment and upload creditor mailing data as part of the electronic filing procedure in accordance with the Administrative Procedures Manual (Local Bankruptcy Rule 1007-2(b)(1)).
    5. Local and National Forms

      Except as otherwise provided, the following documents must be submitted on forms available from the Clerk:

      1. Requests for unclaimed funds (Local Bankruptcy Rule 3011-1)
      2. Motions for relief from stay (Local Bankruptcy Rule 4001-1(a))
      3. Motions for abandonment of property (Local Bankruptcy Rule 6007-1)
      4. Cover sheets for adversary proceedings for complaints that are not filed electronically (Local Bankruptcy Rule 7003-1)
      5. Requests for a Court order for money to be deposited by the Clerk into an interest-bearing account (Local Bankruptcy Rule 7067-1(a))
      6. Requests for a Court order for the withdrawal and disbursement of funds that have been invested by the Court (Local Bankruptcy Rule 7067-1(b))
      7. Requests for an order redacting from a Court filing any personal identifiers (Local Bankruptcy Rule 9037-1).
    6. Motions, Briefs, and Memoranda of Law
      1. A motion or application tendered for filing must be accompanied by a certificate of service and a notice that any objection must be filed within a certain period of time (Local Bankruptcy Rule 9013-1(a); Local Bankruptcy Rule 9013-3).
      2. No motion or response thereto may exceed 20 pages in length, exclusive of appendices, without leave of Court. Font size, including footnotes, must be at least 12 point. Where leave is granted, a table of contents containing a summary of all points raised must be included with the brief or memorandum (Local Bankruptcy Rule 9013-2(a)).
      3. If an unreported opinion or an opinion available only through an electronic retrieval process is cited, a copy of the opinion must be attached to the brief or memorandum, and the attachment is an exception to the 20-page limitation (Local Bankruptcy Rule 9013-2(d)).
      4. A certificate of service must be appended to and served with any document tendered for filing that is required to be served (excepting any document required to be served together with a summons). The certificate of service must be signed and must:
        1. Identify, with specificity, the document served;
        2. State the date and method of service;
        3. Identify, by name and address, each entity served, and;
        4. Contain or refer to an accompanying notice. (Local Bankruptcy Rule 9013-3; Local Bankruptcy Rule 9013-1(a))
    7. Rent Escrow
      1. Any deposit of rent made by a debtor or an adult dependent of the debtor under 11 U.S.C. § 362(l)(1)(B) must be in the form of a certified check, cashier's check, or money order payable to the order of the lessor.
      2. The deposit must be delivered to the Clerk along with the petition, the certification made under 11 U.S.C. § 362(l)(1)(A), and a copy of the judgment of possession. (Local Bankruptcy Rule 4001-1(b))
    8. Redaction Responsibility

      All filers must redact: Social Security or taxpayer-identification numbers; dates of birth; names of minor children; and financial account numbers, in compliance with Fed. R. Bankr. P. 9037. This requirement applies to all documents filed on the public docket, including attachments.

    9. Miscellaneous Requirements

      Additional requirements are imposed by federal law and the rules of this Court. For more information, contact the appropriate Clerk's Office.