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Fed. R. Bankr. P. 5005

Filing Papers and Sending Copies to the United States Trustee

activein force · 2024-12-01 – presentact-effective-date

(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.

76 Rule 5006 FEDERAL RULES OF BANKRUPTCY PROCEDURE

(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.)

Provenance

Source
uscourts.gov
Retrieved
2026-09-03
Edition
2026-08-19
Content hash
baa48aaa608c92004c6c73465d227440e8a6abb6d485c37239b7303d8c9ac434
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