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Courts and procedure

Electronic filing

Filing case documents with the court online. The federal courts' system for it is called Case Management/Electronic Case Files, or CM/ECF. 1

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How it works

CM/ECF is used mostly by attorneys, U.S. Trustees and bankruptcy trustees. Filing in it requires a PACER account and special access issued by the individual court. 1

The rules treat represented and unrepresented filers differently. A party with an attorney must file electronically unless the court allows paper filing for cause or a local rule allows or requires it. An individual without an attorney may file electronically only if a court order or local rule allows it. 2

So whether you can file online without a lawyer depends on your court. Some courts let people without a lawyer use CM/ECF. Local rules are posted on each court's website and are available at the court's intake counter. 1 3

Paper filers have a protection: the clerk must not refuse a petition or other paper only because it is not in the required form. A paper filed electronically counts as a written paper. 2

Common questions

Can I be forced to file electronically without a lawyer?

Only by a court order, or by a local rule that includes reasonable exceptions. 2

Can the clerk tell me how to fill in the forms?

No. Court employees and bankruptcy judges are prohibited by law from giving legal advice. 3

Related reading

Can you file electronically without a lawyerAll bankruptcy terms

Sources

  1. Electronic Filing (CM/ECF) (uscourts.gov)
  2. Federal Rules of Bankruptcy Procedure, Rule 5005(a)(3) (Cornell LII)
  3. Filing Without an Attorney (uscourts.gov)

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