Local Bankruptcy Rules – Western District Of Oklahoma

| Local Bankruptcy Rules

PART V. COURTS AND CLERKS

RULE 5005-1 FILING REQUIREMENTS

A. Electronic Filing and Limited Exceptions. All Documents submitted to the Clerk for filing, regardless of where or when the case or proceeding was originally commenced, shall be filed electronically pursuant to these Local Rules and the ECF Guidelines, annexed hereto as Appendix A. The foregoing shall not apply to: (1) Documents filed by a pro se party; (2) proofs of claim or interest filed by the claimant or interest holder not represented by an attorney; or (3) reaffirmation agreements if neither party to the agreement is represented by counsel. If Documents are manually filed, the Clerk shall scan and upload the images to the ECF System. Items described in subsection (2) and (3) above may be filed electronically. The electronic filing of a Document in accordance with these Local Rules and the ECF Guidelines shall constitute entry of that Document on the docket kept by the Clerk under Bankruptcy Rule 5003.

B. Filing Fee. See Local Rule 5080-1.

C. Registration. Each attorney must register with the Court in accordance with the procedures set forth in the ECF Guidelines in order to file Documents electronically. Registered participants of the ECF System shall be responsible for maintaining current contact information in the ECF System. Failure to maintain current mailing addresses, email addresses and telephone numbers will result in deactivation of the attorney’s ECF System login. The Court reserves the right to temporarily deactivate an electronic filer’s login for failure to comply with the Local Rules, the ECF Guidelines and the user’s electronic filer agreement and for failure pay filing fees. The Court also reserves the right to revoke an attorney’s authority to file electronically, after notice and hearing, when an attorney has failed to comply with the Local Rules, the ECF Guidelines and the user’s electronic filer agreement or has misused the ECF System.

D. Certificate of Service of a Document.

1. If all parties who are entitled to receive notice are served by the ECF System, no separate certificate of service is necessary. The Notice of Electronic Filing created by the ECF System serves as the certificate of service of a document served electronically.

2. For parties not listed on the Notice of Electronic Filing who are entitled to receive notice and parties who are entitled to service pursuant to Bankruptcy Rules 9014(b) and/or 7004, the party serving notice shall either include a certificate of service in the Document certifying the date of service, the manner of service, and the names and addresses of the persons and entities served or file a separate certificate of service containing the same information. If a separate certificate of service is filed, the certificate of service shall specifically identify the Document served and the docket number and the docket entry shall relate the certificate of service to the Document served by docket number. See Local Form 4.

E. Privacy. A party filing a Document shall redact the following personal data identifiers appearing in any Document filed with the Court: names of minor children (use minors’ initials); all but the last four digits of any bank, savings or similar financial account numbers; all but the last four digits of any social security number; and all birth date information except the year. The responsibility for redacting personal identifiers rests solely with the filing party. THE CLERK WILL NOT REVIEW DOCUMENTS FOR COMPLIANCE WITH THIS RULE, SEAL DOCUMENTS CONTAINING PERSONAL DATA IDENTIFIERS WITHOUT A COURT ORDER, OR REDACT SUCH INFORMATION FROM DOCUMENTS.

F. Documents Under Seal. An order approving a motion to file a Document under seal shall (i) state that the record shall be sealed permanently (subject to an application and order granting a party in interest access to the sealed Document for good cause), (ii) specify a date when the order shall be vacated, or (iii) specify a date certain when the Court shall consider vacating the order. An order approving a motion to file a Document under seal must specifically state it is based upon representation of the moving party. Once an order has been obtained approving the filing under seal, the Document may be filed under seal by delivering the Document to be sealed to the Clerk. A cover sheet must be attached to the document being filed under seal that includes a caption in accordance with Local Rule 9004-1.A and the title of the Document being filed under seal. In addition, the cover sheet must contain the related docket numbers of the motion and order and the following statement in bold, “DOCUMENT TO BE FILED UNDER SEAL.” The Clerk will docket the Document so that only the filing details and Document title will appear on the docket sheet.

G. Case Assignment – Random Selection. The division of cases will be made pursuant to workload parity guidelines established by the judges. Case assignment will be made using a nonpublic system of rotation established and monitored by the Clerk. When a case is converted to a chapter 13 case, the Clerk is directed to enter a text order reassigning the case to the judge hearing all chapter 13 cases. When a case is converted from a chapter 13 case, the Clerk is directed to enter a text order reassigning the case randomly.

H. Assignment of Related Cases. A case which is related to a previously filed petition shall be assigned to the judge to whom the previously filed petition was assigned unless the subsequent case is a chapter 13 case, in which case it shall be assigned to the judge hearing chapter 13 cases.

I. Repeat Filings. If the debtor has filed a bankruptcy case in the previous eight years, the Clerk shall reassign the case to the judge to whom the previous bankruptcy case was assigned unless the case is a chapter 13 case, in which case it shall be assigned to the judge hearing chapter 13 cases.

J. Judicial Recusal or Disqualification. If a judge recuses, disqualifies, or is disqualified from hearing a case, the judge will enter an order noting the recusal or disqualification and directing that the case be returned to the Clerk for random reassignment to another judge. If all judges have recused or have been disqualified from hearing a case, the Chief Bankruptcy Judge will request that the Chief Judge of the United States Court of Appeals for the Tenth Circuit assign a bankruptcy judge from another district to hear and decide the case.