Microsoft Word - ECF Admin Procedures.docx

-1-

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

Administrative Procedures

for Electronic Case Filing

June 1, 2021

-2-

TABLE OF CONTENTS

ECF Procedure 1 - Title .................................................................................................................. 3

ECF Procedure 2 -Definitions .......................................................................................................... 3

ECF Procedure 3 - Scope of Electronic Filing ................................................................................ 4

ECF Procedure 4 - Registration, Waiver of Notice and Service by Mail, Consent to Electronic

Notice and Service, and Withdrawal from Electronic Filing System .............................................. 5

ECF Procedure 5 - Consequences of Electronic Filing ................................................................... 7

ECF Procedure 6 - Filing a Motion Under LBR 9014-1 ................................................................. 7

ECF Procedure 7 - Orders ..................................................................................................................... 8

ECF Procedure 8 - Filing Format Requirements .............................................................................. 9

ECF Procedure 9 - Filing a Paper Under Seal ................................................................................. 10

ECF Procedure 10 - Retention Requirements ...................................................................................... 11

ECF Procedure 11 - Signatures ........................................................................................................ 11

ECF Procedure 12 - Service on Filers, Users and Others ................................................................... 12

ECF Procedure 13 -Technical Failure ............................................................................................ 13

ECF Procedure 14 - Public Access ................................................................................................ 13

ECF Procedure 15 - Privacy ............................................................................................................ 14

Appendix A - Sample Exhibit List ..................................................................................................15

Appendix B - Sample Certificate of Service .................................................................................. 16

-3-

ECF Procedure 1 - Title

The Administrative Procedures for Electronic Case Filing in this Court may be abbreviated

as the “Procedures” or, individually, as “ECF Procedure.” These Procedures are available in their

current version on the Court’s Website at www.mieb.uscourts.gov.

ECF Procedure 2 - Definitions

The following terms appear in these Procedures for Electronic Case Filing:

(a)

The “Court’s Website” address is www.mieb.uscourts.gov.

(b)

The “E-Government Act of 2002” establishes a broad framework for the use of

technology to enhance public access to government information and services. Pub. L.

No. 107-347, 116 Stat. 2899. See 44 U.S.C. §§ 3601, et seq.

(c)

“Electronic Filing” means the filing of a Paper over the internet by a Filer or a User.

(d)

“Electronic Case Filing” or “Electronic Filing System” (“ECF”) refers to the Court’s

automated system that receives and stores Papers filed in electronic format. The

program is part of the CM/ECF (Case Management/Electronic Case Files) software,

developed for the Federal Judiciary by the Administrative Office of the United States

Courts.

(e)

“Electronically Generated Text” is electronic text generated by converting or printing

from an original word processing file to the Portable Document Format (“PDF”), so that

the text of the Paper may be electronically searched and copied.

(f)

A “Filer” is an individual with an approved login and password, registered to use the

ECF system in this Court under ECF Procedure 4(a).

(g)

A “Hyperlink” is a selectable connection from a word, picture, or information object to

another, providing a mechanism for navigating to information between or within Papers

filed electronically. Hyperlinks are activated when a reader clicks on an “active” region

on the Paper. The active region is usually indicated by the highlighting or underlining of

text. In the context of ECF, an example of a useful Hyperlink would be a case citation that

leads the reader to the text of the cited case, maintained on the internet, outside of the

ECF system.

(h)

A “Notice of Electronic Filing” (“NEF”) is a notice automatically generated by ECF when a

Paper is filed, stating the time of filing, the name of the Filer or User filing the Paper,

the type of Paper, the text of the docket entry, the names of those receiving the notice,

and a Hyperlink to the filed Paper, which allows recipients to retrieve the Paper

automatically.

-4-

(i)

A “Paper” includes a petition, schedules, a statement of financial affairs, a pleading, a

motion, an exhibit, a declaration, an affidavit, a brief, a judgment, an order, a notice, a

proof of claim, an application to withdraw unclaimed funds, an appearance, an

assignment of a claim, a reaffirmation agreement, and any other document filed by or

with the Court.

(j)

“Paper Filing” means filing a hard copy of a Paper with the clerk.

(k)

“Portable Document Format” or “PDF” refers to a non-modifiable, electronic file in a

format that will look the same on a computer screen and in print, regardless of the printer

used to print it and regardless of the software package originally used to create it. A

PDF file is created either by converting a word processing file or by scanning or imaging

a Paper Filing.

(l)

A “Proposed Order” is a draft of an order submitted for a judge’s editing and signature in

Word format, and not in PDF. The process for submitting a Proposed Order to the judge

is established by the Court on its website.

(m)

“Public Access to Court Electronic Records” or “PACER” is an automated system that

allows any individual to view, print and download docket information over the internet.

(n)

“Scanned Material” is an electronic image of text or other material in PDF format

produced by a scanning or imaging process.

(o)

A “Text-Only Order” is a docket entry that constitutes an order. A Text-Only Order is

official and binding. See ECF Procedure 7(f).

(p)

A “User” is an individual with an approved login and limited password, registered for

restricted use of the ECF system in this Court under ECF Procedure 4(b).

ECF Procedure 3 - Scope of Electronic Filing

(a)

Electronic Filing Required. The Court will only accept Papers filed electronically in

compliance with these Procedures, unless upon motion showing good cause, the Court enters a

specific order authorizing a Paper Filing of a particular Paper.

(b)

Paper Filing Authorized. The following Papers must be filed by a Paper Filing:

(1)

Papers under seal in compliance with ECF Procedure 9;

(2)

Papers filed by pro se parties;

(3)

Proofs of claim filed by entities who are neither Filers nor Users, except that any

entity that files ten or more proofs of claims in a calendar year must file such

proofs of claims by Electronic Filing;

(4)

A Paper commencing a miscellaneous matter must be filed by a hard copy

traditional paper; and

-5-

(5)

Other Papers on a limited basis, if permitted by the assigned judge upon motion

showing good cause.

ECF Procedure 4 - Registration, Waiver of Notice and Service by Mail, Consent to

Electronic Notice and Service, and Withdrawal from Electronic

Filing System

(a)

Required Registration Procedure for Filers. The following must register as Filers in

the Court’s ECF system:

(1)

Attorneys admitted to practice in the United States District Court for the Eastern

District of Michigan;

(2)

Case trustees and examiners;

(3)

Assistant United States Trustees;

(4)

Assistant United States Attorneys; and

(5)

Others as the Court determines appropriate.

To register as a Filer, a Filer registration must be completed through the on-line

registration process available on the Court’s Website. To be assigned a Filer login and password,

a Filer must either receive ECF training from the Court or training from another U.S. Bankruptcy

Court and complete the registration for a login and password through PACER. (A Filer who has

a login name issued only by a district court is still required to receive training from a bankruptcy

court.) Members of a Filer’s staff are encouraged to participate in ECF training.

(b)

Required Registration for Users. The following entities must register as ECF Users:

(1)

Entities authorized to appear on behalf of a child support creditor;

(2)

Entities authorized to file applications to withdraw unclaimed funds;

(3)

Entities authorized to submit reaffirmation agreements;

(4)

Entities authorized to submit notices of transferred claims; and

(5)

Entities authorized to file a certificate of completion of post-petition

instructional course concerning personal financial management.

Any entity, including those who file proofs of claim, may register as a User.

To register as a User, a User Registration must be completed through the on-line

registration process available on the Court’s Website. To be assigned a User login and password,

a User must complete the registration through PACER. For instructional material on how to file

proofs of claim, reaffirmation agreements, etc., Users must consult the Court’s “ECF Creditor

Manual” available on the Court’s Website.

-6-

(c)

PACER and training, if required, is completed, the Court will send an email message notifying

the Filer or User of acceptance. The email message ensures that the Filer or User has a properly

functioning email address which will be used by the Court’s ECF system.

(d)

Password Security. Each Filer or User is required to protect the security of the assigned

password. If there is any reason to believe the security of the assigned password may have been

compromised, the Filer or User must immediately notify PACER. A Filer or User may be subject

to civil liability, sanctions, or other consequences for failure to take required action in connection

with the security of the assigned password.

(e)

Electronic Notice and Service Request, Waiver and Consent. Registration as a Filer or

User constitutes waiver of the right to personal service and first-class mail service. Registration as a

Filer or User also constitutes a written request for, and consent to, electronic service by

receipt of a NEF from ECF of all filed Papers to which the Filer or User is entitled, except

when service of a hard paper copy is required. (See ECF Procedure 12 - “Service on Filers, Users

and Others.”)

(f)

Withdrawal as Filer or User. To withdraw from ECF, a Filer or a User must file a

written request with the clerk who will then forward the request to the Court for entry of

an order authorizing the withdrawal. Upon the entry of such an order, the User’s or Filer’s

password will be deactivated.

(g)

Suspension or Revocation of Use. Upon notice and opportunity for hearing, the Court

may for cause enter an order suspending or revoking participation in ECF by any Filer or User.

Upon receiving information indicating a potential risk or harm to ECF, the Court may

temporarily suspend participation in ECF by any Filer or User without prior notice and will

provide prompt notification of such action to the Filer or User.

(h)

Payment of Required Fees. All required fees must be promptly paid; the ECF system

permits one credit card payment for a series of filings performed during one log-on session.

Failure to complete prompt payment will result in suspension from the ECF system. Upon

suspension, an email will be sent for the payments due and the Internet Payments option will

become the only ECF payment option available. Upon completion of the payments due, the

suspension will be automatically terminated and the ECF system will become available.

(i)

Notification of Changes in Information for a Filer or User. Each Filer and User

has a continuing responsibility to notify PACER. The Filer or User must also promptly serve a

notice of such changes on all other parties in that Filer’s or User’s open cases. Service upon an

obsolete email

-7-

address will constitute valid service if the Filer or User has not notified PACER of a new email

address.

ECF Procedure 5 - Consequences of Electronic Filing

(a)

Filing and Entry on the Docket. Once electronic transmission of a Paper to ECF,

consistent with these rules, has been received by the Court, the Paper has been filed for all

purposes required by the Bankruptcy Code, Federal Rules of Bankruptcy Procedure and the Local

Rules of this Court, and is entered upon the docket kept by the clerk under Rule 5003.

(b)

Official Record. When a Paper has been filed through ECF, the official record is the

electronic recording of the Paper as stored by the Court and the filing party is bound by the Paper

as if filed by a Paper Filing.

(c)

Filing Date and Time. A Paper filed through ECF is deemed filed at the date and time

stated on the NEF from the Court. Filing a Paper electronically does not alter the filing deadline

for the filing of that Paper. Unless otherwise ordered, a filing must be completed before midnight

local time where the Court is located in order to be considered timely filed that day.

(d)

Appropriate Title of ECF Filed Papers. A Filer or User electronically filing a Paper is

responsible for designating the appropriate title for that Paper when making a selection from the

ECF event menu. Assistance in selecting the appropriate title is available on the Court’s website

under “Quick Links, Dictionary Events.” If a Paper is filed under the wrong event code, the

Court will enter an order striking the Paper.

ECF Procedure 6 - Filing a Motion Under LBR 9014-1

(a)

Filing a Motion Under LBR 9014-1. A party filing a motion under LBR 9014-1 must

file the following as part of the same PDF file as the motion, with each exhibit separately

bookmarked by an identifying tab in the PDF file:

Exhibit 1 - The Proposed Order

Exhibit 2 - The Notice of Opportunity to Respond

Exhibit 3 - The Brief in Support

Exhibit 4 - The Proof of Service

Exhibit 5 - Affidavits

Exhibit 6 - Documentary Exhibits, beginning with a list of the exhibits (See Exhibit A of

these Administrative Procedures) and with each exhibit separately bookmarked by an

identifying tab in the PDF file.

-8-

At the Filer’s option, each of these exhibits may be filed as separate attachments to the

motion.

The requirement to file a blank notice of hearing is abrogated. The clerk will serve a notice

of hearing.

(b)

Filing a Certificate of No Response Under LBR 9014-1(c). See ECF Procedure 7(a)(3)

and (b).

ECF Procedure 7 - Orders

(a)

Step One in Obtaining the Entry of an Order. The following must be electronically

filed, separately and before a Proposed Order may be submitted, and, except as provided below,

may not be combined into one Paper with the Proposed Order:

(1)

Approvals as to the form of a Proposed Order under LBR 9021-1(a)(3);

(2)

A certificate of no response under LBR 9021-1(a)(4)(A);

(3)

A certificate of no response under LBR 9014-1(c), except the requirement to file a

copy of the proof of service with this certificate is abrogated;

(4)

A stipulation for the entry of an attached Proposed Order;

(5)

A statement of consent to the entry of an attached Proposed Order;

(6)

A joint motion for the entry of an attached Proposed Order; and,

(7)

An ex parte motion. (In addition, unless the Court orders otherwise, before

submitting a Proposed Order, the ex parte motion must be served on all

interested parties, either by email or other means.)

If the Court excuses presentment of a Proposed Order under LBR 9021-1(a)(2), the

Proposed Order may be submitted as set forth in subpart (b).

The following Papers may have the electronic signatures of consenting parties as

otherwise required: a Proposed Order confirming a chapter 13 plan; a stipulation and a Proposed

Order adjourning a chapter 13 confirmation hearing. The submission of such a Proposed Order is

governed by subpart (b), below.

(b)

Step Two in Obtaining the Entry of an Order. The Proposed Order must be submitted

in Word format and not in PDF using the procedure available on the Court’s website. The

Proposed Order must not contain a signature block for the judge’s signature and must be left

blank after the text of the Proposed Order. No other special formatting is required for a Proposed

Order submitted by this procedure.

(c)

Consideration of a Proposed Order. If the judge declines to enter a Proposed Order, the

judge may prepare and enter an order, or the judge may direct that counsel submit a revised

Proposed Order.

-9-

(d)

Effect of a Judge’s Electronic Signature. The electronic signature of a bankruptcy

judge on any order, judgment or other Paper filed in ECF will have the same force and effect as if

the judge had manually signed a hard paper copy.

(e)

Text-Only Orders. Upon request or upon its own initiative, the Court may cause the

entry of a Text-Only Order. A motion or stipulation may suggest language for a proposed Text-

Only Order. A Text-Only Order will have the same force and effect as if the judge had manually

signed a hard paper copy. Upon the entry of a Text-Only Order, ECF will generate a NEF. When

a Text-Only Order is entered, the judge will not generally issue an order in PDF.

(f)

Entry on the Docket. The entry of an order or a judgment on the docket required to be

kept by the clerk under Bankruptcy Rules 5003 and 9021 results when the Court either (1) files an

order or a judgment in ECF, or (2) enters a Text-Only Order.

(g)

Notice of an Order or a Judgment. Immediately upon the entry of an order or a

judgment, the clerk will:

(1)

Electronically transmit a NEF to all Filers and Users who are or who represent

contesting parties, and to other Filers and Users that the Court directs, which

constitutes the notice required by Bankruptcy Rule 9022; and

(2)

Give notice to contesting parties who are neither Filers nor Users, and to others as

the Court directs, in accordance with the Federal Rules of Bankruptcy Procedure.

(h)

Format of Orders. Proposed orders should be in a basic text format. The following must

not be a part of a Proposed Order: party or attorney signatures; textboxes; saved as “read-only”;

linked fields; attached templates; add-ons; lines at the end of the final paragraph; and signature

block for judge. Six single spaced lines must be left at the end for the Court to insert the judge’s

signature block and date stamp. If necessary, the last page should be broken up so that the

signature block and date stamp does not become appended to an additional page. (NOTE: The

best method to determine where the signature block and date stamp will be inserted is to hold

down the ctrl key and press the end key. This will place the cursor at the insertion point.)

(i)

Orders Resolving Multi-Part Motions. A Proposed Order resolving a motion requesting

more than one type of relief must specify a disposition for each such request. Any request for

relief not addressed in the Proposed Order will be deemed denied without prejudice.

ECF Procedure 8 - Filing Format Requirements

(a)

PDF Requirements. All Papers transmitted to ECF must be Electronically Generated

Text in PDF format so that the text of the Paper may be searched and copied, except as provided

in subpart (c) below. The file name of a converted file must contain the extension “.pdf”. All fonts

embedded in PDF records (except in Papers that have been scanned) must have been publicly

identified as legally embeddable (i.e., the font license permits embedding) in a file for unlimited,

universal viewing and printing. The most commonly used font styles are: Courier

-10-

(Regular, Bold, Italic, and Bold Italic); Arial MT (Regular, Bold, Oblique, and Bold Oblique);

Times New Roman PS MT (Roman, Bold, Italic, and Bold Italic); Symbol; and ZapfDingbats.

(b)

Hyperlinks. A Hyperlink contained in an Electronic Filing is merely a convenient

mechanism created by the author for accessing material cited in a Paper. A Hyperlink is not a part

of the Court’s record. Accordingly, the Court does not endorse nor exercise any responsibility

over the content at the Hyperlink destination. Any Hyperlink to a case or other authority included

in a Paper must be expressed in the full traditional citation method for the cited authority.

(c)

Attachments and Exhibits. All attachments and exhibits available in original electronic

format must be converted to PDF and filed electronically, subject to the size limitations and

formatting requirements contained herein. All attachments and exhibits not available as

Electronically Generated Text (i.e., those that must be scanned) must be transmitted to ECF as

Scanned Material in PDF format. The filing party must retain a paper copy, or an accurate

electronic copy, of all attachments and exhibits until entry of a final order by the Court and, if

applicable, appellate courts.

(d)

Size Limitations Per Transmission. Each transmission to ECF must not exceed five

(5) megabytes total file size. Files which exceed five (5) megabytes must be broken into smaller

files and transmitted to ECF in multiple transmissions. The ECF system may refuse to accept a

Paper in excess of this limitation.

(e)

Use of Bookmarks Required for Grouped Papers. In some circumstances, the ECF

event menu permits a group of Papers to be filed together as a single PDF file (e.g., the petition

and accompanying Papers); when such a group of Papers is filed, each such separate Paper

(including each separate schedule, the statement of financial affairs, etc.) must be separately

bookmarked by an identifying tab in the PDF file.

(f)

Requirement to File Separate Document. Official Form 122A-1, Chapter 7 Statement of

Your Current Monthly Income (along with Official Form 122A-1 Supp.; Statement of

Exemption from Presumption of Abuse Under § 707(b)(2), if applicable), which is

required to be filed by every individual chapter 7 debtor whose debts are primarily consumer

debts, must be filed as a separate Paper and must not be filed within a group of Papers described

in ECF Procedure 8(e).

ECF Procedure 9 - Filing a Paper Under Seal

Unless otherwise ordered by the Court, a motion to file a Paper under seal must be filed

electronically. The motion must not contain confidential or privileged information. The

proposed order authorizing the filing of a Paper under seal must be submitted under ECF

Procedure 7(b). The Paper ordered to be filed under seal must be filed with the clerk both in

hard paper copy, placed in a sealed envelope, with a statement on the envelope indicating the

title of the Paper to be sealed, the case number and case name, and in PDF on diskette, compact

-11-

disc (CD), or digital video disc (DVD), accompanied by a copy of the order to seal the Paper.

The Court may sua sponte order a Paper to be sealed.

ECF Procedure 10 - Retention Requirements

(a)

Retention of a Paper with an Original Signature. Each Paper that must contain an

original signature by a person other than the Filer or User, or that is required to be verified under

Rule 1008 or as provided in 28 U.S.C. § 1746 by a person other than the Filer or User, must be

filed electronically by a Filer or a User. The Filer or User who files the Paper must retain for five

years after the closing of the case or adversary proceeding either (1) the Paper containing the

original signature or (2) an electronically scanned copy of the Paper containing the original

signature. This retention does not affect or replace any other retention period required by other

applicable laws or rules.

(b)

Sanctions; Production of Original Papers. Failure to comply with subpart (a) will

subject the Filer or User to sanctions, including disgorgement of fees. On request of the Court or

any party in interest, the Filer or User must provide the Paper containing the original signature or

an electronically scanned copy of the Paper containing the original signature for review.

ECF Procedure 11 - Signatures

(a)

Electronic Filing Constitutes Signature. The filing by a Filer or User of any Paper

constitutes any required signature of that Filer or User on such Paper. The Filer or User need not

manually sign a transmitted Paper. The filing is the equivalent of signing a Paper for all

purposes, including, without limitation, the Federal Rules of Bankruptcy Procedure, including

Rule 9011, the Bankruptcy Code, and the Local Bankruptcy Rules of this Court.

(b)

Electronic Filing Constitutes Certification. The filing by a Filer or User of any Paper

constitutes certification of the Filer or User that all persons other than the Filer or User indicated

to have signed the Paper have actually executed an original prior to filing with the Court.

(c)

Use of Password. A Filer or User must not knowingly permit or cause to permit the

Filer’s or User’s password to be used by anyone other than an agent specifically authorized by

the Filer or User.

(d)

Form of Electronic Signatures.

(1)

Required Information for Filers and Users. A Paper filed by ECF must be

signed in the following form and must include the following information:

/s/ Name of Filer or User

Address

City, State, Zip Code

Phone: (xxx) xxx-xxxx

-12-

Email: [email protected]

[attorney bar number, if applicable]

(2)

Filing a Paper with Multiple Signatures. A Paper with more than one

signature must contain the signature form and information required by subpart

(d)(1) for each signature. The filing of such a Paper constitutes certification that

all persons indicated to have signed the Paper have actually signed an original

prior to filing or have consented to their signature on the Paper.

ECF Procedure 12 - Service on Filers, Users and Others

(a)

Service Upon Filers and Users. Pursuant to the consent of a Filer or User through

ECF registration:

(1)

The transmission from the Court to the Filer or User of the NEF of a Paper

constitutes notice and service of the filed Paper upon that Filer or User.

(2)

If two or more attorneys appear on behalf of a party, service on one of the

attorneys will be sufficient, unless otherwise required by law.

(3)

Service of a Paper filed through ECF is complete upon transmission of the NEF

by ECF.

(b)

When Service of a Hard Paper Copy is Required. A hard paper copy of the following

must be served in accordance with the rules applicable to them:

(1)

In a bankruptcy case, a motion under Rule 9014, except that service by mail is not

required to any respondent’s attorney who is on the Electronic Email Notice List

of the case, which is available through the ECF Utilities screen by clicking on -

> Mailings... -> Mailing Info for a Case -> [Enter Case Number -> Submit];

(2)

In an adversary proceeding,

(i)

a summons and complaint under Rule 7004; and,

(ii)

a motion filed with a complaint, such as a motion for a temporary

restraining order or a motion for a preliminary injunction.

In an adversary proceeding, any other motion may be filed and served

electronically.

(c)

Issuance of a Summons in an Adversary Proceeding. The issuance of a summons in

an adversary proceeding must be completed electronically as follows:

(1)

After the complaint is filed by ECF, the Filer must download the issued summons

in PDF format by clicking on the appropriate Hyperlink in the NEF.

(2)

The Filer must then print and serve as required a hard copy of the summons. The

Filer must not bring the summons to the clerk’s office for issuance.

-13-

(3)

The summons is deemed issued when the complaint is filed.

(d)

Issuance of a Summons in an Involuntary Bankruptcy Case. The issuance of a

summons in an involuntary bankruptcy case must be completed electronically as follows:

(1)

After filing the involuntary petition, the Filer must download the issued summons

in PDF format by clicking on the appropriate Hyperlink in the NEF.

(2)

The Filer must then print and serve as required a hard paper copy of the

completed and filed summons.

(3)

The summons is deemed issued when the involuntary petition is filed.

(e)

Issuance of a Subpoena. A PDF form of subpoena is available through the Court’s

website. This form can be downloaded, completed, printed and then served as appropriate. No

filing is necessary, except that a proof of service may be filed.

(f)

(Abrogated by Administrative Order 16-09 entered on December 8, 2016)

(g)

Service Upon Others. Service upon anyone who has not registered as a Filer or User

must be made according to the Federal Rules of Bankruptcy Procedure and any applicable Local

Bankruptcy Rules.

(h)

Certificate of Service Required. A party serving a Paper must file a certificate of service.

The certificate must state the Paper served, the manner in which service was accomplished, and

the parties served. This certificate of service may not be included as part of the Paper that was

served; it must be a separate filing. Appendix B is a sample certificate of service.

ECF Procedure 13 -Technical Failure

In the event of a technical failure in the ECF system, the Court will determine whether to

extend deadlines under Rule 9006(a).

ECF Procedure 14 - Public Access

(a)

Public Access at the Court. The public may view all Papers in the ECF System at no

charge at the clerk’s offices in Bay City, Detroit and Flint during regular business hours.

(b)

Internet Access. Internet access to the ECF system is limited to subscribers to PACER.

In accordance with the Bankruptcy Court Fee Schedule established by the Judicial Conference of

the United States pursuant to 28 U.S.C. § 1930, fees are charged for accessing certain detailed

case information. Information regarding subscribing to PACER is available on the Court’s

Website and at the clerk’s offices in Bay City, Detroit and Flint.

-14-

(c)

Copies and Certified Copies. Copies and certified copies of electronically filed Papers

may be purchased at the clerk’s office. The fee for copying and certification is in accordance

with 28 U.S.C. § 1930.

ECF Procedure 15 - Privacy

In compliance with the policy of the Judicial Conference of the United States, and the E-

Government Act of 2002, and in order to promote electronic access to case files while also

protecting personal privacy and other legitimate interests, parties must refrain from including, or

must partially redact where inclusion is necessary, the following personal data identifiers from

all Papers filed with the Court, including exhibits thereto, whether filed electronically or by a

Paper Filing, unless otherwise ordered by the Court or required by statute, the Federal Rules of

Bankruptcy Procedure, or the Official Bankruptcy Forms.

(a)

Social Security Numbers. If an individual’s social security number must be included in

a Paper, only the last four digits of that number should be used.

(b)

Names of Minor Children. If the involvement of a minor child must be mentioned, only

the initials of that child should be used. On Schedule J of Official Bankruptcy Form 106, list the

relationship and age of the debtor’s dependents (e.g., Son, Age 6).

(c)

Dates of Birth. If an individual’s date of birth must be included in a Paper, only the year

should be used. On Schedule J of Official Bankruptcy Form 106, list the age of each of the

debtor’s dependents.

(d)

Financial Account Numbers. If financial account numbers are relevant, only the last four

digits of these numbers should be used. On Schedules D and E/F of Official Bankruptcy Form

106, debtors, if they so choose, may include their full account numbers to assist the trustee and

creditors.

In compliance with the E-Government Act of 2002, a party wishing to file a Paper

containing the personal data identifiers listed above may file a motion to file an unredacted Paper

under seal as set forth under ECF Procedure 9. This Paper will be retained by the Court as part of

the record. The Court may still require the party to file a redacted copy for the public file.

The responsibility for redacting these personal identifiers rests solely with counsel and

the parties. The clerk will not review each Paper for compliance with this rule.

-15-

Appendix A - Sample Exhibit List

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MICHIGAN

[CASE CAPTION]

Exhibit List

Exhibit Description

Affidavit of John Smith

Excerpts from Jane Doe’s Deposition

C-1

Contract between XYZ Company and ABC Company

(Part 1, Pages 1-35)

C-2

Contract between XYZ Company and ABC Company

(Part 1, Pages 36-69)

D XYZ Company General Ledgers

-16-

Appendix B – Sample Certificate of Service

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MICHIGAN

[CASE CAPTION]

Certificate of Service

I hereby certify that on (date) , I served the following Paper:

on the following parties at these addresses:

By the following means:

/s/ Name of Filer or User

Address

City, State, Zip Code

Phone: (xxx) xxx-xxxx

Email: [email protected]

[attorney bar number, if applicable]