UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY ELECTRONIC CASE FILING LOCAL RULES AND ADMINISTRATIVE PROCEDURES

The drafting of the Bankruptcy Court for District of New Jersey’s ECF related Local Rules and Administrative Procedures involved a four part strategy: BUILD OUR ECF SYSTEM FROM THE GROUND UPBUILD OUR ECF SYSTEM FROM THE GROUND UP MINIMIZE AMENDMENT OF THE COURT’S LOCAL RULESMINIMIZE AMENDMENT OF THE COURT’S LOCAL RULES MAINTAIN FLEXIBILITY AND CREATIVITY IN DRAFTING PROCESSMAINTAIN FLEXIBILITY AND CREATIVITY IN DRAFTING PROCESS IMPLEMENT ECF AS FULLY ELECTRONICIMPLEMENT ECF AS FULLY ELECTRONIC

ENABLING RULES AND GOVERNING DOCUMENTS FEDERAL RULES OF BANKRUPTCY PROCEDUREFEDERAL RULES OF BANKRUPTCY PROCEDURE –FED.R.BANKR.P. 5005(a)(2), Filing and Transmittal of Papers LOCAL BANKRUPTCY RULESLOCAL BANKRUPTCY RULES –D.N.J. LBR Filing and Transmittal of Papers –D.N.J LBR Scope of Rules

ENABLING RULES AND GOVERNING DOCUMENTS (cont’d) GENERAL ORDERGENERAL ORDER ADMINISTRATIVE PROCEDURESADMINISTRATIVE PROCEDURES USER’S GUIDEUSER’S GUIDE COPIES AVAILABLE AT THE COURT’S WEBSITE (

SCOPE OF ELECTRONIC FILING All Pending and Newly Filed Cases and Adversary Proceedings will be assigned to ECFAll Pending and Newly Filed Cases and Adversary Proceedings will be assigned to ECF Electronic Filing is not MandatoryElectronic Filing is not Mandatory Raises Privacy ConcernsRaises Privacy Concerns

ELIGIBILITY, REGISTRATION, PASSWORDS Registration Forms available on-lineRegistration Forms available on-line Participation limited to attorneys, trustees and their authorized representativesParticipation limited to attorneys, trustees and their authorized representatives Logins and Passwords to Training DatabaseLogins and Passwords to Training Database Compromised Password/Change of PasswordCompromised Password/Change of Password TIP Admin. Pro. I.B

ELIGIBILITY, REGISTRATION, PASSWORDS (cont’d) Acceptance of login and password constitutes:Acceptance of login and password constitutes: –Waiver of Notice by first class mail and agreement to receive notice electronically Includes Notices under Fed. R. Bankr.P. 2002(a) as well as Notices of an Order under Fed. R. Bankr.P Includes Notices under Fed. R. Bankr.P. 2002(a) as well as Notices of an Order under Fed. R. Bankr.P Operates independently of Bankruptcy Noticing Center (BNC) under Fed. R. Bankr.P. 9036Operates independently of Bankruptcy Noticing Center (BNC) under Fed. R. Bankr.P –Waiver of Service by first class mail and agreement to receive service electronically TIP Admin. Pro. I.B

SERVICE OF DOCUMENTS BY ELECTRONIC MEANS Court’s automatically generated Notice of Electronic Filing (NEF) constitutes service of document upon ParticipantsCourt’s automatically generated Notice of Electronic Filing (NEF) constitutes service of document upon Participants Exception - Amendments to the Federal Rules (Fed. R. Bankr.P. 7005, Fed. R. Civ.P.5(b) do not permit electronic service of process for purposes of obtaining personal jurisdiction (Rule 7004 service)Exception - Amendments to the Federal Rules (Fed. R. Bankr.P. 7005, Fed. R. Civ.P.5(b) do not permit electronic service of process for purposes of obtaining personal jurisdiction (Rule 7004 service) TIP Admin. Pro. I.B

SERVICE OF DOCUMENTS BY ELECTRONIC MEANS (cont’d) Service of Documents in hard copy is required under Fed. R. Bankr.P (adversary complaints), 9014(initiating contested matters) and 9016(subpoena)Service of Documents in hard copy is required under Fed. R. Bankr.P (adversary complaints), 9014(initiating contested matters) and 9016(subpoena) Service is effective upon transmission under Fed. R. Civ.P. 5(b)(2)(D); andService is effective upon transmission under Fed. R. Civ.P. 5(b)(2)(D); and E service treated the same as mail for purposes of adding three days to respond under Fed. R. Bankr. 9006(f)E service treated the same as mail for purposes of adding three days to respond under Fed. R. Bankr. 9006(f)

SIGNATURES USE OF LOGIN AND PASSWORD CONSTITUTES SIGNATUREUSE OF LOGIN AND PASSWORD CONSTITUTES SIGNATURE EFFECTIVE FOR RULE 9011 PURPOSESEFFECTIVE FOR RULE 9011 PURPOSES THE DISPLAY REQUIREMENT (/S/____)THE DISPLAY REQUIREMENT (/S/____) AUTHORIZED AGENT REQUIREMENTAUTHORIZED AGENT REQUIREMENT TIP Admin. Pro. II.C.

RETENTION REQUIREMENTS RETENTION REQUIREMENTS PARTICIPANTS MUST RETAIN ORIGINAL DOCUMENTS CONTAINING HANDWRITTEN SIGNATURES OF THIRD PARTIESPARTICIPANTS MUST RETAIN ORIGINAL DOCUMENTS CONTAINING HANDWRITTEN SIGNATURES OF THIRD PARTIES SEVEN YEAR RETENTION PERIODSEVEN YEAR RETENTION PERIOD TIP Admin. Pro. II.C.

PROPOSED FORMS OF ORDER ORDERS SHALL BE FILED WITH THE APPLICATION OR MOTION AS ONE DOCKET ENTRYORDERS SHALL BE FILED WITH THE APPLICATION OR MOTION AS ONE DOCKET ENTRY INCLUDES EMERGENT ORDERS UNDER D.N.J. 9013(e)(OST) AND (OTSC)INCLUDES EMERGENT ORDERS UNDER D.N.J. 9013(e)(OST) AND (OTSC) COURTROOM DEPUTY MUST BE NOTIFIED BY E MAIL OF EMERGENT FILINGSCOURTROOM DEPUTY MUST BE NOTIFIED BY E MAIL OF EMERGENT FILINGS TIP Admin. Pro. II.E.

PROPOSED FORMS OF ORDER (cont’d) NOTIFICATION OF DEFECTS IN AN ORDER WILL BE PROVIDED BY E MAILNOTIFICATION OF DEFECTS IN AN ORDER WILL BE PROVIDED BY E MAIL SERVICE OF SIGNED ORDERS WILL BE RECEIVED ELECTRONICALLYSERVICE OF SIGNED ORDERS WILL BE RECEIVED ELECTRONICALLY EXCEPTION FOR CONSENT ORDERS AND ORDERS SUBMITTED UNDER D.N.J (“FIVE DAY RULE”) WHICH MUST BE E MAILED TO JUDGE’S CHAMBERS.EXCEPTION FOR CONSENT ORDERS AND ORDERS SUBMITTED UNDER D.N.J (“FIVE DAY RULE”) WHICH MUST BE E MAILED TO JUDGE’S CHAMBERS.

CONSENT ORDERS SHALL BE CIRCULATED AND SIGNED CONVENTIONALLYSHALL BE CIRCULATED AND SIGNED CONVENTIONALLY ORDER BEARING ORIGINAL SIGNATURES OF CONSENTING PARTIES TO BE MAINTAINED BY PARTICIPANTORDER BEARING ORIGINAL SIGNATURES OF CONSENTING PARTIES TO BE MAINTAINED BY PARTICIPANT COPY SUBMITTED TO JUDGE’S ELECTRONIC MAILBOX WITH CERTIFICATE OF CONSENTCOPY SUBMITTED TO JUDGE’S ELECTRONIC MAILBOX WITH CERTIFICATE OF CONSENT SIMULTANEOUS FILING OF CERTIFICATE OF CONSENTSIMULTANEOUS FILING OF CERTIFICATE OF CONSENT TIP Admin. Pro. II.F.

D.N.J. LBR ORDERS UNDER “5 DAY RULE” SUBMIT TO JUDGE’S ELECTRONIC MAILBOXSUBMIT TO JUDGE’S ELECTRONIC MAILBOX E MAIL SHOULD REFLECT NAMES OF PARTIES SERVEDE MAIL SHOULD REFLECT NAMES OF PARTIES SERVED CONVENTIONAL SERVICE FOR NON- ELECTRONIC PARTICIPANTSCONVENTIONAL SERVICE FOR NON- ELECTRONIC PARTICIPANTS OBJECTIONS WITHIN 5 DAYS SUBMITTED TO JUDGE’S ELECTRONIC MAILBOXOBJECTIONS WITHIN 5 DAYS SUBMITTED TO JUDGE’S ELECTRONIC MAILBOX TIP D.N.J. LBR

ATTACHMENTS AND EXHIBITS NOT ORIGINALLY AVAILABLE IN E-FORMNOT ORIGINALLY AVAILABLE IN E-FORM EXCERPTING WHERE DOCUMENT EXCEEDS 20 PAGESEXCERPTING WHERE DOCUMENT EXCEEDS 20 PAGES CHAMBERS’ COPY OF EXHIBITS REQUIREDCHAMBERS’ COPY OF EXHIBITS REQUIRED NO CHAMBERS’ COPY OF EXHIBITS REQUIRED FOR PROOFS OF CLAIMNO CHAMBERS’ COPY OF EXHIBITS REQUIRED FOR PROOFS OF CLAIM TIP Admin. Pro. II.G.

SEALED DOCUMENTS/CONVENTIONAL FILING MOTION TO BE FILED ELECTRONICALLYMOTION TO BE FILED ELECTRONICALLY UNDERLYING DOCUMENTS TO BE FILED CONVENTIONALLYUNDERLYING DOCUMENTS TO BE FILED CONVENTIONALLY JUDICIAL CONFERENCE RECOMMENDS ENHANCEMENT OF 11 USC SECTION 107(b) TO ESTABLISH PRIVACY AS BASIS FOR SEALING DOCUMENTSJUDICIAL CONFERENCE RECOMMENDS ENHANCEMENT OF 11 USC SECTION 107(b) TO ESTABLISH PRIVACY AS BASIS FOR SEALING DOCUMENTS TIP Admin. Pro. III

PUBLIC ACCESS JUDICIAL CONFERENCE COMMITTEE ON PRIVACY IS STUDYING PUBLIC ACCESS CONCERNSJUDICIAL CONFERENCE COMMITTEE ON PRIVACY IS STUDYING PUBLIC ACCESS CONCERNS CURRENTLY REMOTE ACCESS LIMITED TO USERS WITH A PACER ACCOUNTCURRENTLY REMOTE ACCESS LIMITED TO USERS WITH A PACER ACCOUNT COURT’S GENERAL ORDER ALLOWS FOR ISSUANCE OF PROTECTIVE ORDER TO ADDRESS INDIVIDUAL PRIVACY CONCERNSCOURT’S GENERAL ORDER ALLOWS FOR ISSUANCE OF PROTECTIVE ORDER TO ADDRESS INDIVIDUAL PRIVACY CONCERNS TIP Admin. Pro. IV

CONSEQUENCES OF ELECTRONIC FILING E FILED DOCUMENTS CONSTITUTE ENTRIES ON OFFICIAL DOCKETE FILED DOCUMENTS CONSTITUTE ENTRIES ON OFFICIAL DOCKET FILING IS DEEMED MADE WHEN ACKNOWLEDGED BY NOTICE OF ELECTRONIC FILINGFILING IS DEEMED MADE WHEN ACKNOWLEDGED BY NOTICE OF ELECTRONIC FILING TIP GENERAL ORDER

ENTRY OF COURT ORDERS ELECTRONICALLY SIGNED ORDERS HAVE THE SAME FORCE AND EFFECT AS CONVENTIONALLY SIGNED ORDERSELECTRONICALLY SIGNED ORDERS HAVE THE SAME FORCE AND EFFECT AS CONVENTIONALLY SIGNED ORDERS TIP GENERAL ORDER

TECHNICAL FAILURES CAUSES:CAUSES: COURT’S WEBSITE INACCESSIBLECOURT’S WEBSITE INACCESSIBLE PARTICIPANT’S UNANTICIPATED SYSTEM FAILUREPARTICIPANT’S UNANTICIPATED SYSTEM FAILURE COURT’S DISCRETION TO GRANT RELIEFCOURT’S DISCRETION TO GRANT RELIEF TIP GENERAL ORDER