Filing Papers and Sending Copies to the United States Trustee

U.S Code last checked for updates: Jan 30, 2025

Rule 5005.

(a)

Filing Papers.

(1)

With the Clerk. Except as provided in 28 U.S.C. § 1409, the following papers required to be filed by these rules must be filed with the clerk in the district where the case is pending:

• lists;

• schedules;

• statements;

• proofs of claim or interest;

• complaints;

• motions;

• applications;

• objections; and

• other required papers.

The clerk must not refuse to accept for filing any petition or other paper solely because it is not in the form required by these rules or by any local rule or practice.

(2)

With a Judge of the Court. A judge may personally accept for filing a paper listed in (1). The judge must note on it the date of filing and promptly send it to the clerk.

(3)

Electronic Filing and Signing.

(A)

By a Represented Entity—Generally Required; Exceptions. An entity represented by an attorney must file electronically, unless nonelectronic filing is allowed by the court for cause or is allowed or required by local rule.

(B)

By an Unrepresented Individual—When Allowed or Required. An individual not represented by an attorney:

(i)

may file electronically only if allowed by court order or local rule; and

(ii)

may be required to file electronically only by court order, or by a local rule that includes reasonable exceptions.

(C)

Signing. A filing made through a person’s electronic-filing account and authorized by that person, together with the person’s name on a signature block, constitutes the person’s signature.

(D)

Same as a Written Paper. A paper filed electronically is a written paper for purposes of these rules, the Federal Rules of Civil Procedure made applicable by these rules, and § 107.

(b)

Sending Copies to the United States Trustee.

(1)

Papers Sent Electronically. All papers required to be sent to the United States trustee may be sent by using the court’s electronic-filing system in accordance with Rule 9036, unless a court order or local rule provides otherwise.

(2)

Papers Not Sent Electronically. If an entity other than the clerk sends a paper to the United States trustee without using the court’s electronic-filing system, the entity must promptly file a statement identifying the paper and stating the manner by which and the date it was sent. The clerk need not send a copy of a paper to a United States trustee who requests in writing that it not be sent.

(c)

When a Paper Is Erroneously Filed or Delivered.

(1)

Paper Intended for the Clerk. If a paper intended to be filed with the clerk is erroneously delivered to a person listed below, that person must note on it the date of receipt and promptly send it to the clerk:

• the United States trustee;

• the trustee;

• the trustee’s attorney;

• a bankruptcy judge;

• a district judge;

• the clerk of the bankruptcy appellate panel; or

• the clerk of the district court.

(2)

Paper Intended for the United States Trustee. If a paper intended for the United States trustee is erroneously delivered to the clerk or to another person listed in (1), the clerk or that person must note on it the date of receipt and promptly send it to the United States trustee.

(3)

Applicable Filing Date. In the interests of justice, the court may order that the original receipt date shown on a paper erroneously delivered under (1) or (2) be deemed the date it was filed with the clerk or sent to the United States trustee.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 11, 2022, eff. Dec. 1, 2022; Apr. 2, 2024, eff. Dec. 1, 2024.)