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Commencement of Case

Local Rule Number: 
Rule 1002-1
1000 Series

(A)       Petition Requirements.  At the time of filing, each voluntary petition shall:

(1)        comply with requirements as set forth in the “Clerk’s Filing Instructions”;

(2)        be accompanied by a corporate ownership statement as required by Bankruptcy Rule 1007(a)(1) if the debtor is a corporation, limited partnership, limited liability company, limited liability partnership, joint venture, general partnership or any other entity that meets the definition of “corporation” under 11 U.S.C. §101(9);

(3)        if the case is being filed after dismissal of the debtor’s previous case by any bankruptcy court, be accompanied by a copy of the dismissal order and any other orders which set forth the conditions under which the subsequent case may be filed; and

(4)        be accompanied by an Official Bankruptcy Form “Statement About Your Social Security Numbers”  verified in accordance with Local Rule 9011-4(D).

[Comment: See also Bankruptcy Rules 1002, 1007 (schedules), and 9009 (official forms), and Local Rules 1006-1 (installment payments and chapter 7 fee waivers), 1074-1 (corporations), 5080-1 and 5081-1 (filing fees), 5005-1(A)(2) (compliance with Federal Judiciary Privacy Policy), 5005-1(B) (place of filing), 5005-1(C) (deficient petitions) 5005-3, 5005-4, 9004-1, 9004-2 (format), 9009-1 (local forms) and 9011-4 (signatures), 2090-1 (representation by attorney), and 9010-1(B)(1) (corporations, partnerships, trusts, and other business entities must be represented by an attorney).]

☞ 2015 Amendment: Section (A)(1) amended to remove text duplicated in section (A)(4). Section (A)(4) amended to eliminate requirement for e filers to file local form declaration regarding signatures and to reflect amendment to name of Official Bankruptcy Form.

(B)       Clerk Authorized to Refuse for Filing Certain Voluntary Petitions Filed Conventionally.  Dismissal of Electronically Filed Voluntary Petitions.

(1)        The clerk shall refuse for filing any conventionally submitted voluntary petition:

(a)        from a debtor who had a prior case dismissed by an order which prohibited the debtor from filing for a period of time that has not yet expired, or where a court order sets forth conditions for refiling and those conditions have not been met;

(b)       from a debtor which is accompanied by an application to pay filing fee in installments if filing fees remain due from any previous cases filed by that debtor unless the application is accompanied by payment of all previously due fees;

(c)        that does not contain the debtor(s)’ required original signature(s) and address(es); or

(d)       from a pro se individual debtor that is not accompanied by documentary proof of the debtor’s identity required by the court as set forth in the “Clerk’s Filing Instructions”.

(2)        Dismissal of Electronically Filed Petitions.  Any electronically filed voluntary petition filed with any of the deficiencies listed in subdivision (1) above shall be subject to dismissal without notice or hearing.

[Comment: See also Local Rules 1006-1(A) (refusal of petitions) and 5005-1(C) (deficient petitions and papers).]