Local Rule 5005. ELECTRONIC FILING, SERVICE, AND TRANSMITTAL OF PAPERS

(a) Electronic filing is mandatory.

(1) Except as provided below, all filings made by regular filers must be made electronically. "Regular filers" means any entity, including any attorney (without regard to whether he or she is admitted generally to practice before the court) who:

(A) Made more than two (2) filings with the clerk in any calendar year after 2002; or,

(B) Is employed by a law firm, or has an interest as a partner, shareholder, or member of a law firm, that made more than two (2) filings with the clerk in any calendar year after 2002; or,

(C) Is employed by a governmental unit (as that term is defined in 11 U.S.C. § 101) that made more than two (2) filings with the clerk in any calendar year after 2002.

(2) All regular filers must complete a CM/ECF registration form, complete training, and obtain a password in order to file electronically. Information concerning these requirements can be found on the court's website.

(3) Filing documents submitted, signed, and verified by electronic means is authorized subject to administrative orders and procedures as issued by the court. Documents to be filed electronically must be filed in compliance with the electronic filing procedures, except where otherwise stated in these rules, and which are available on the court's website and may be revised from time to time.

(4) The following classes of filings are exempt from the electronic filing requirement:

(A) A proof of claim filed by a creditor not represented by an attorney in the case in which the proof of claim is filed, if that creditor has filed no more than ten (10) proofs of claim with the clerk during the current calendar year;

(B) A proof of interest filed by any equity security holder not represented by an attorney in the case in which the proof of interest is filed, if that equity security holder has filed no more than ten (10) proofs of interest with the clerk during the current calendar year;

(C) A request to be admitted to the bar of this court for purposes of practicing in a particular case filed under LR IA 10-2 of the Local Rules of Practice for the United States District Court for the District of Nevada;

(D) Any filing made by an attorney in the course of representing an individual without charge as part of a recognized pro bono or other public interest program designed to assist unrepresented individuals, so long as that attorney, but for similar filings, would not be a regular filer; and,

(E) Any filing made by an individual who is not otherwise registered in the CM/ECF system who appears without counsel (also known as a pro se litigant).

(5) If exceptional or emergency circumstances prevent a person from filing electronically, the person may ask the clerk to accept the filing under the Exceptional Circumstances Rule as set forth below.

(A) If an attorney or individual asks the clerk to accept a filing on paper because of exceptional or emergency circumstances, the clerk will accept the filing, digitize and index it, and transmit a copy of the filing to the appropriate bankruptcy judge.

(B) Unless the court directs otherwise, a person filing on paper under exceptional or emergency circumstances must, either concurrently with the filing or within two (2) business days after making it, submit an exceptional circumstances motion. If the motion is not made within the time limit, the clerk will strike the paper filing from the docket. The exceptional circumstances motion must be accompanied by:

(i) A declaration or affidavit detailing the exceptional or emergency circumstances that precluded an electronic filing. The declaration must include the number of previous exceptional circumstances motions made by the office or firm that employs the person making the affidavit or declaration; and,

(ii) A proposed order that the court may use in granting the exceptional circumstances motion.

(C) Exceptional circumstances include the unpreventable unavailability of Internet services available to the person presenting the filing. Filings that assert this ground of exceptional circumstances must detail the extent and nature of the unavailability and what steps (if any) will be taken to ensure that the unavailability will not recur. Exceptional circumstances do not include an inability to file because of a failure to receive the training necessary to access the court's electronic filing system. In deciding whether to grant the exceptional circumstances motion and allow a paper filing, the court may consider the number and extent of prior motions made by the moving party for exceptions to the electronic filing requirement.

(6) If the court finds that there are exceptional or emergency circumstances that warrant an exception to the electronic filing requirement, it will grant the motion. In addition, if the court has not affirmatively denied the motion within three (3) business days after the clerk receives it, the clerk will consider the motion granted and will not strike the filing. But if the court denies the motion, the clerk must strike the filing from the court's records, and the filing will be treated as if it had not occurred.

(b) Signature. The user log-in and password that are required to submit documents to the electronic filing system serve as the filing user's (as that term is defined in LR 2002(a)(3)) signature on all electronic documents filed with the court. The user log-in and password may not be used as an accommodation for any other party. They also serve as a signature for purposes of Fed. R. Bankr. P. 9011, the other Federal Rules of Bankruptcy Procedure, the local rules of this court, and any other purpose for which a signature is required in connection with proceedings before the court.

(c) Electronic service.

(1) Parties are authorized to serve documents under Fed. R. Civ. P. 5(b)(2)(E) through the court’s transmission facilities, subject to the electronic filing procedures, which may be revised from time to time.

(2) Electronic transmission of the notice of electronic filing constitutes service or notice of the filed document on any person who is a registered participant in the electronic filing system, except for service under Fed. R. Bankr. P. 7004, and for other exceptions in accordance with the Federal Rules of Bankruptcy Procedure and the Local Rules.

(3) Generally, only attorneys and trustees are registered participants in the electronic filing system. The notice of electronic filing is sent electronically to:

(A) All registered participants in the system who have entered an appearance in the particular case or proceeding by filing a document or requesting notice in the case;

(B) The case trustee in cases (but not in adversary proceedings); and,

(C) The United States Trustee in cases (but not in adversary proceedings).

(4) Service or notice on an attorney does not constitute service on a client of that attorney or an entity unless the attorney is authorized to accept service by the client, by law, or by court order.

(d) Change of attorney mailing address or email address.

(1) If attorneys change their mailing address or email address, a notice of change of address of attorney must be filed for every case and adversary proceeding for which the attorney is the attorney of record in order to maintain a current mailing matrix. The form is available on the court’s website. As a separate requirement, the attorney must also update the CM/ECF System. Substitutions of counsel must be obtained for all cases and proceedings for which the attorney will not remain the counsel of record. Attorneys must notify the court’s ECF Department in writing of the change of address, and of any orders of substitution, by sending a letter to:

United States Bankruptcy Court
The Foley Federal Building and U.S. Courthouse
300 Las Vegas Blvd. South, Suite 4-242
Las Vegas, Nevada 89101
Attn: CM/ECF Department

or

United States Bankruptcy Court
The C. Clifton Young Federal Building and U.S. Courthouse
300 Booth Street, Suite 1109
Reno, Nevada 89509
Attn: CM/ECF Department

(2) If attorneys fail to update their mailing address or email address as required by this rule, service made to their address of record will be deemed good service, unless the court orders otherwise.

(e) Waiver. By executing a written waiver when they register for the electronic filing system, participants consent to service by electronic transmission as provided below.

(1) The signed waiver constitutes waiver of the following:

(A) The right to receive notice by first class mail;

(B) The right to receive service by personal service or first class mail; and

(C) The right to receive service and notice by first class mail of the notice of entry of an order and judgment under Fed R. Bankr. P. 9022.

(2) The signed waiver is also consent to receive notice electronically for all matters for which the attorney is entitled to notice, and consent to receive electronic service for all matters for which the attorney is entitled to service except with regard to those matters listed in LR 7004.

(3) The signed waiver constitutes a written request for notice by electronic transmission under Fed. R. Bankr. P. 9036.

(4) Waiver does not constitute an agreement by an attorney to accept service or notice on behalf of a client.

(f) Paper copies. Parties are entitled to receive a paper copy of any electronically filed document from the filer in circumstances where conventional service is required or where parties are not registered in the electronic filing system.

(g) Filing papers. Cases must be filed with the clerk of the United States Bankruptcy Court for the District of Nevada at Las Vegas or Reno in accordance with LR 1071. Once filed, cases will be administered, papers and pleadings will be docketed, and open files will be retained in the place where the case was filed, unless the court orders otherwise.

(h) No effect on deadlines. Nothing in this rule will affect the rules regarding the timing or timeliness of any filing under the Local Rules or under the Federal Rules of Bankruptcy Procedure.