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A. Filing

 

1.  Scope

Except as stated otherwise below, any petition, complaint, motion, answer, objection, comment, response, memorandum of law, proof of claim, or other document in connection with a case may be filed by electronic means. Such document must be in a portable document format (“PDF”) at the time of submission to the System.

 

2.  Methodology

Any such document, together with any pleading attachments thereto, shall be electronically filed under one docket entry and the Electronic Filer will be responsible for designating an appropriate title for the document by utilizing one of the docket event categories authorized by the System.

 

3.  Certificate of Service

Certificate of Service. Any required certificate of service shall be included in the main document.

[Exception (Southern District): Certificates of service may also be filed separately.]

 

4.  Proposed Orders Due Upon Filing

See Section IV of this Appendix for specific instructions for the submission of proposed orders in each particular district.

 

5.  Pleading Attachments

See Section III(C) of this Appendix for specific instructions regarding the filing of any document in conjunction with any pleading or proof of claim.

 

6.  PDF File Limitations

No single PDF file, whether containing a document or an attachment, may exceed the preset file size. The Northern and Southern Districts have a 5MB (60 page) limit. The Eastern District has a 10MB limit and the Western District has a 25 MB limit. Documents and/or attachments in excess of the preset file size must be divided into multiple PDF files and accurately described to the Authorizing Court.

 

7.  Motion for Leave

A motion for leave of court to file a document must be filed by electronic means. The document for which such leave is sought shall be submitted for review as a pleading attachment to the main document. Upon receipt of an order granting leave, an Electronic Filer shall file the authorized document by electronic means.

 

8.  Motion to File Document Under Seal

A motion to file a document under seal shall be filed electronically without attachment of the subject document(s) for which protection  is sought. The Authorizing Court may require the submission of paper  copies of the subject document(s) in a sealed envelope prior to the  issuance of any ruling on the motion. Upon the granting of the motion,  and only if paper copies of the protected subject document(s) have not previously been provided, the Electronic Filer shall file paper copies of the protected document(s) in a sealed envelope, with a copy of the order authorizing the filing of the documents under seal affixed to such envelope.

[Exceptions (Northern District): Upon the granting of the motion and entry of the order on the case docket, the sealed document shall be filed electronically by the Electronic Filer using one of the following docket events: Sealed document per court order or Sealed motion per court order.]
 

(Southern District): The sealed document shall be filed electronically by the Electronic Filer, using the appropriate sealed docket event, along with a separate, unsealed motion to seal and proposed order to seal.]
 
 

9.  Adversary Complaint and Summons

A complaint, with a proposed summons as an attachment, must be filed electronically with the Court. The Court will return the  issued summons to the filing party electronically.
 

 

10.  Emergency and Expedited Hearing Requests

Upon the filing of documents which require the immediate attention of the Authorizing Court, such as requests for emergency or expedited  hearings, an Electronic Filer shall immediately notify the applicable  Courtroom Deputy or Case Manager by telephone or by e-mail. Telephone  and e-mail information for the Texas Bankruptcy Courts is available on each Court’s website.

(a)  Northern District: www.txnb.uscourts.gov
(b) Southern District: www.txs.uscourts.gov
(c) Eastern District: www.txeb.uscourts.gov
(d) Western District: www.txwb.uscourts.gov
 
 

11.  Designation of Appellate Record

A designation of the items to be included in the record on appeal pursuant to Fed. R. Bankr. P. 8009 must be filed by electronic means. However, copies of the designated documents to be delivered to the Clerk of the Authorizing Court pursuant to the applicable local rule shall be delivered in a paper format, with the format of all subsequent filings to be determined by the appropriate District Court.

 

12.  Unavailability of System

If there is a technical failure of the Court’s System which renders it inaccessible to an Electronic Filer on the last day prescribed under any applicable rule or court order for the timely filing of a document, such prescribed period shall be extended until the end of the next business day after access to the System has been restored.

Practice Note: Parties should be aware that the Authorizing Court may lack authority to relieve a party from the operation of any applicable statute of limitations based upon the unavailability of the Court’s System. In such event, alternative filing means should be utilized in a timely manner.