UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW JERSEY

ELECTRONIC CASE FILINGELECTRONIC CASE FILINGLOCAL RULES AND LOCAL RULES AND ADMINISTRATIVE ADMINISTRATIVE

PROCEDURESPROCEDURES

The drafting of the Bankruptcy The drafting of the Bankruptcy Court for District of New Court for District of New Jersey’s ECF related Local Jersey’s ECF related Local Rules and Administrative Rules and Administrative Procedures involved a four part Procedures involved a four part strategy:strategy:• BUILD OUR ECF SYSTEM FROM THE BUILD OUR ECF SYSTEM FROM THE

GROUND UPGROUND UP

• MINIMIZE AMENDMENT OF THE MINIMIZE AMENDMENT OF THE COURT’S LOCAL RULESCOURT’S LOCAL RULES

• MAINTAIN FLEXIBILITY AND CREATIVITY MAINTAIN FLEXIBILITY AND CREATIVITY IN DRAFTING PROCESSIN DRAFTING PROCESS

• IMPLEMENT ECF AS FULLY ELECTRONICIMPLEMENT ECF AS FULLY ELECTRONIC

ENABLING RULES AND ENABLING RULES AND GOVERNING DOCUMENTSGOVERNING DOCUMENTS

• FEDERAL RULES OF BANKRUPTCY FEDERAL RULES OF BANKRUPTCY PROCEDUREPROCEDURE

– FED.R.BANKR.P. 5005(a)(2), Filing and FED.R.BANKR.P. 5005(a)(2), Filing and Transmittal of PapersTransmittal of Papers

• LOCAL BANKRUPTCY RULESLOCAL BANKRUPTCY RULES

– D.N.J. LBR 5005-1 - Filing and Transmittal of D.N.J. LBR 5005-1 - Filing and Transmittal of PapersPapers

– D.N.J LBR 1001-1 - Scope of RulesD.N.J LBR 1001-1 - Scope of Rules

ENABLING RULES AND ENABLING RULES AND GOVERNING DOCUMENTS GOVERNING DOCUMENTS

(cont’d)(cont’d)

• GENERAL ORDERGENERAL ORDER

• ADMINISTRATIVE PROCEDURESADMINISTRATIVE PROCEDURES

• USER’S GUIDEUSER’S GUIDE

COPIES AVAILABLE AT THE COURT’S COPIES AVAILABLE AT THE COURT’S WEBSITE WEBSITE

(WWW.NJB.USCOURTS.GOV)(WWW.NJB.USCOURTS.GOV)

SCOPE OF ELECTRONIC SCOPE OF ELECTRONIC FILINGFILING

• All Pending and Newly Filed Cases All Pending and Newly Filed Cases and Adversary Proceedings will be and Adversary Proceedings will be assigned to ECFassigned to ECF

• Electronic Filing is not MandatoryElectronic Filing is not Mandatory

• Raises Privacy ConcernsRaises Privacy Concerns

ELIGIBILITY, ELIGIBILITY, REGISTRATION, REGISTRATION,

PASSWORDSPASSWORDS• Registration Forms available on-line Registration Forms available on-line

• Participation limited to attorneys, Participation limited to attorneys, trustees and their authorized trustees and their authorized representativesrepresentatives

• Logins and Passwords to Training Logins and Passwords to Training Database Database

• Compromised Password/Change Compromised Password/Change of Passwordof Password

TIP Admin. Pro. I.B

ELIGIBILITY, ELIGIBILITY, REGISTRATION, REGISTRATION,

PASSWORDS (cont’d)PASSWORDS (cont’d)• Acceptance of login and password Acceptance of login and password

constitutes:constitutes:

– Waiver of NoticeWaiver of Notice by first class mail and by first class mail and agreement to receive notice electronicallyagreement to receive notice electronically• Includes Notices under Fed. R. Bankr.P. Includes Notices under Fed. R. Bankr.P.

2002(a) as well as Notices of an Order 2002(a) as well as Notices of an Order under Fed. R. Bankr.P. 9022.under Fed. R. Bankr.P. 9022.

• Operates independently of Bankruptcy Operates independently of Bankruptcy Noticing Center (BNC) under Fed. R. Noticing Center (BNC) under Fed. R. Bankr.P. 9036Bankr.P. 9036

– Waiver of Service Waiver of Service by first class mail and by first class mail and agreement to receive service electronicallyagreement to receive service electronically

TIP Admin. Pro. I.B

SERVICE OF DOCUMENTS SERVICE OF DOCUMENTS BY ELECTRONIC MEANSBY ELECTRONIC MEANS

• Court’s automatically generated Notice Court’s automatically generated Notice of Electronic Filing (NEF) constitutes of Electronic Filing (NEF) constitutes service of document upon Participants service of document upon Participants

• Exception - Amendments to the Exception - Amendments to the Federal Rules (Fed. R. Bankr.P. 7005, Federal Rules (Fed. R. Bankr.P. 7005, Fed. R. Civ.P.5(b) do Fed. R. Civ.P.5(b) do not not permit permit electronic service of process for electronic service of process for purposes of obtaining personal purposes of obtaining personal jurisdiction (Rule 7004 service)jurisdiction (Rule 7004 service)

TIP Admin. Pro. I.B

SERVICE OF DOCUMENTS SERVICE OF DOCUMENTS BY ELECTRONIC MEANS BY ELECTRONIC MEANS

(cont’d)(cont’d)• Service of Documents in hard copy is Service of Documents in hard copy is

required under Fed. R. Bankr.P. 7004 required under Fed. R. Bankr.P. 7004 (adversary complaints), 9014(initiating (adversary complaints), 9014(initiating contested matters) and 9016(subpoena)contested matters) and 9016(subpoena)

• Service is effective upon transmission Service is effective upon transmission under Fed. R. Civ.P. 5(b)(2)(D); and under Fed. R. Civ.P. 5(b)(2)(D); and

• E service treated the same as mail for E service treated the same as mail for purposes of adding three days to respond purposes of adding three days to respond under Fed. R. Bankr. 9006(f) under Fed. R. Bankr. 9006(f)

SIGNATURESSIGNATURES

• USE OF LOGIN AND PASSWORD USE OF LOGIN AND PASSWORD CONSTITUTES SIGNATURE CONSTITUTES SIGNATURE

• EFFECTIVE FOR RULE 9011 EFFECTIVE FOR RULE 9011 PURPOSES PURPOSES

• THE DISPLAY REQUIREMENT THE DISPLAY REQUIREMENT (/S/____)(/S/____)

• AUTHORIZED AGENT REQUIREMENTAUTHORIZED AGENT REQUIREMENT

TIP Admin. Pro. II.C.

RETENTION RETENTION REQUIREMENTSREQUIREMENTS

• PARTICIPANTS MUST RETAIN PARTICIPANTS MUST RETAIN ORIGINAL DOCUMENTS CONTAINING ORIGINAL DOCUMENTS CONTAINING HANDWRITTEN SIGNATURES OF HANDWRITTEN SIGNATURES OF THIRD PARTIESTHIRD PARTIES

• SEVEN YEAR RETENTION PERIODSEVEN YEAR RETENTION PERIOD

TIP Admin. Pro. II.C.

PROPOSED FORMS PROPOSED FORMS OF ORDEROF ORDER

• ORDERS SHALL BE FILED WITH THE ORDERS SHALL BE FILED WITH THE APPLICATION OR MOTION AS ONE APPLICATION OR MOTION AS ONE DOCKET ENTRYDOCKET ENTRY

• INCLUDES EMERGENT ORDERS UNDER INCLUDES EMERGENT ORDERS UNDER D.N.J. 9013(e)(OST) AND 9075-1 (OTSC)D.N.J. 9013(e)(OST) AND 9075-1 (OTSC)

• COURTROOM DEPUTY MUST BE NOTIFIED COURTROOM DEPUTY MUST BE NOTIFIED BY E MAIL OF EMERGENT FILINGS BY E MAIL OF EMERGENT FILINGS

TIP Admin. Pro. II.E.

PROPOSED FORMS PROPOSED FORMS OF ORDER (cont’d)OF ORDER (cont’d)

• NOTIFICATION OF DEFECTS IN AN ORDER NOTIFICATION OF DEFECTS IN AN ORDER WILL BE PROVIDED BY E MAILWILL BE PROVIDED BY E MAIL

• SERVICE OF SIGNED ORDERS WILL BE SERVICE OF SIGNED ORDERS WILL BE RECEIVED ELECTRONICALLYRECEIVED ELECTRONICALLY

• EXCEPTION FOR CONSENT ORDERS AND EXCEPTION FOR CONSENT ORDERS AND ORDERS SUBMITTED UNDER D.N.J. 9072-2 ORDERS SUBMITTED UNDER D.N.J. 9072-2 (“FIVE DAY RULE”) WHICH MUST BE E (“FIVE DAY RULE”) WHICH MUST BE E MAILED TO JUDGE’S CHAMBERS. MAILED TO JUDGE’S CHAMBERS.

CONSENT ORDERSCONSENT ORDERS

• SHALL BE CIRCULATED AND SIGNED SHALL BE CIRCULATED AND SIGNED CONVENTIONALLYCONVENTIONALLY

• ORDER BEARING ORIGINAL ORDER BEARING ORIGINAL SIGNATURES OF CONSENTING PARTIES SIGNATURES OF CONSENTING PARTIES TO BE MAINTAINED BY PARTICIPANT TO BE MAINTAINED BY PARTICIPANT

• COPY SUBMITTED TO JUDGE’S COPY SUBMITTED TO JUDGE’S ELECTRONIC MAILBOX WITH ELECTRONIC MAILBOX WITH CERTIFICATE OF CONSENTCERTIFICATE OF CONSENT

• SIMULTANEOUS FILING OF CERTIFICATE SIMULTANEOUS FILING OF CERTIFICATE OF CONSENTOF CONSENT

TIP Admin. Pro. II.F.

D.N.J. LBR 9072-2 D.N.J. LBR 9072-2 ORDERS UNDER “5 DAY ORDERS UNDER “5 DAY

RULE”RULE”• SUBMIT TO JUDGE’S ELECTRONIC SUBMIT TO JUDGE’S ELECTRONIC

MAILBOXMAILBOX

• E MAIL SHOULD REFLECT NAMES OF E MAIL SHOULD REFLECT NAMES OF PARTIES SERVEDPARTIES SERVED

• CONVENTIONAL SERVICE FOR NON-CONVENTIONAL SERVICE FOR NON-ELECTRONIC PARTICIPANTSELECTRONIC PARTICIPANTS

• OBJECTIONS WITHIN 5 DAYS OBJECTIONS WITHIN 5 DAYS SUBMITTED TO JUDGE’S ELECTRONIC SUBMITTED TO JUDGE’S ELECTRONIC MAILBOXMAILBOX

TIP D.N.J. LBR. 9072-2

ATTACHMENTS AND ATTACHMENTS AND EXHIBITSEXHIBITS

• NOT ORIGINALLY AVAILABLE IN E-FORM NOT ORIGINALLY AVAILABLE IN E-FORM

• EXCERPTING WHERE DOCUMENT EXCERPTING WHERE DOCUMENT EXCEEDS 20 PAGESEXCEEDS 20 PAGES

• CHAMBERS’ COPY OF EXHIBITS CHAMBERS’ COPY OF EXHIBITS REQUIREDREQUIRED

• NO CHAMBERS’ COPY OF EXHIBITS NO CHAMBERS’ COPY OF EXHIBITS REQUIRED FOR PROOFS OF CLAIM REQUIRED FOR PROOFS OF CLAIM

TIP Admin. Pro. II.G.

SEALED SEALED DOCUMENTS/CONVENTIONAL DOCUMENTS/CONVENTIONAL

FILINGFILING

• MOTION TO BE FILED ELECTRONICALLYMOTION TO BE FILED ELECTRONICALLY

• UNDERLYING DOCUMENTS TO BE UNDERLYING DOCUMENTS TO BE FILED CONVENTIONALLYFILED CONVENTIONALLY

• JUDICIAL CONFERENCE RECOMMENDS JUDICIAL CONFERENCE RECOMMENDS ENHANCEMENT OF 11 USC SECTION ENHANCEMENT OF 11 USC SECTION 107(b) TO ESTABLISH PRIVACY AS 107(b) TO ESTABLISH PRIVACY AS BASIS FOR SEALING DOCUMENTS BASIS FOR SEALING DOCUMENTS

TIP Admin. Pro. III

PUBLIC ACCESSPUBLIC ACCESS

• JUDICIAL CONFERENCE COMMITTEE ON JUDICIAL CONFERENCE COMMITTEE ON PRIVACY IS STUDYING PUBLIC ACCESS PRIVACY IS STUDYING PUBLIC ACCESS CONCERNSCONCERNS

• CURRENTLY REMOTE ACCESS LIMITED TO CURRENTLY REMOTE ACCESS LIMITED TO USERS WITH A PACER ACCOUNTUSERS WITH A PACER ACCOUNT

• COURT’S GENERAL ORDER ALLOWS FOR COURT’S GENERAL ORDER ALLOWS FOR ISSUANCE OF PROTECTIVE ORDER TO ISSUANCE OF PROTECTIVE ORDER TO ADDRESS INDIVIDUAL PRIVACY CONCERNSADDRESS INDIVIDUAL PRIVACY CONCERNS

TIP Admin. Pro. IV

CONSEQUENCES OF CONSEQUENCES OF ELECTRONIC FILINGELECTRONIC FILING

• E FILED DOCUMENTS E FILED DOCUMENTS CONSTITUTE ENTRIES ON CONSTITUTE ENTRIES ON OFFICIAL DOCKETOFFICIAL DOCKET

• FILING IS DEEMED MADE WHEN FILING IS DEEMED MADE WHEN ACKNOWLEDGED BY NOTICE OF ACKNOWLEDGED BY NOTICE OF ELECTRONIC FILINGELECTRONIC FILING TIP

GENERAL ORDER

ENTRY OF COURT ORDERSENTRY OF COURT ORDERS

• ELECTRONICALLY SIGNED ELECTRONICALLY SIGNED ORDERS HAVE THE SAME FORCE ORDERS HAVE THE SAME FORCE AND EFFECT AS AND EFFECT AS CONVENTIONALLY SIGNED CONVENTIONALLY SIGNED ORDERS ORDERS

TIP GENERAL ORDER

TECHNICAL FAILURESTECHNICAL FAILURES• CAUSES: CAUSES:

• COURT’S WEBSITE INACCESSIBLECOURT’S WEBSITE INACCESSIBLE

• PARTICIPANT’S UNANTICIPATED PARTICIPANT’S UNANTICIPATED SYSTEM FAILURE SYSTEM FAILURE

• COURT’S DISCRETION TO GRANT COURT’S DISCRETION TO GRANT RELIEFRELIEF

TIP GENERAL ORDER