Declaration Regarding Untimely Filing due to Technical Difficulties

Official Procedure Last Change October 29, 2019

Declaration Regarding Untimely Filing due to Technical Difficulties

How to file: Location of event: Bankruptcy > Miscellaneous > Declaration Regarding Untimely Filing (Technical Difficulties)

Electronic Case Filing Administrative Policies and Procedures - Problems with E-Filing S. D. Ind. B-5005-4

General Information

• Parties are encouraged to file documents electronically during normal business hours in case a problem is encountered. If a technical failure occurs and a document cannot be filed electronically, despite the best efforts of the filing party, the e-filer should print (if possible) a copy of the error message received. In addition, as soon as practically possible, the e-filer should file a Declaration that Party was Unable to File in a Timely Manner Due to Technical Difficulties.
• If a party misses a filing deadline as a result of a technical failure, the filing party must contact the Clerk's Office to inform the Clerk's staff of the difficulty. If problems persist, the party may submit non-electronically the untimely filed document, accompanied by the Declaration, which should have the original ("wet") signature of the e-filer. If electronic filing has become possible after the missed deadline, then the e-filer should electronically submit the Declaration using the steps outlined below and then file the untimely filed document electronically. The document and Declaration must be filed no later than 12:00 p.m. of the first day on which the Court is open for business following the original filing deadline that was missed.

Filing Requirements

• Use of the sample form is encouraged.
• Declaration must be signed by the filing party.  An electronic signature( /s/ ) is not acceptable if the Declaration is not being filed electronically.
• Untimely pleadings must accompany the declaration.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Declaration Regarding Untimely Filing (Technical Difficulties) from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Final docket text is displayed. Click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

11. File the pleading to which the Declaration refers using the appropriate event.