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Lists, Schedules, Statements and Other Required Documents; Extension of Time to File

Local Rule Number: 
Rule 1007-1
1000 Series

(A)       General.  Lists, schedules, statements or other required documents shall conform to any additional requirements set forth in the “Clerk’s Filing Instructions”.

(B)       Extension of Time to File.  Motions, pursuant to Bankruptcy Rule 1007(c) or 9006(b), to extend the time to file lists, schedules, statements or other documents, must set forth the date of the scheduled meeting of creditors.  If no date has yet been set, the motion should so state.  Motions which seek to extend the time within seven days before the §341 meeting will be granted only after a hearing and only upon a showing of exceptional circumstances.  This rule does not apply to motions to extend the time to file a certificate of credit counseling, which extensions are governed by 11 U.S.C. §109(h), Bankruptcy Rule 1007(b)(3) and Local Rule 1007-1(E).

 [Comment: See also Local Rule 5005-1(A)(2) (compliance with federal judiciary privacy policy) and Local Rule 9013-1(C)(2) (no hearing necessary).]

(C)       Local Form Must Accompany Filing of Schedules.   If Schedules D, and E/F were not filed with the petition, Local Form “Debtor’s Notice of Compliance with Requirements for Amending Creditor Information” is required when Schedules D, and E/F are filed or the case may be dismissed.

(D)       Consumer Credit Counseling. 

(1)        Requirement of Debtor to Complete Part 5 of the Voluntary Bankruptcy Petition Regarding Consumer Credit Counseling Requirement. Individual debtors must comply with credit counseling requirements under 11 U.S.C. §§109(h) and 521(b), and Bankruptcy Rule 1007(b)(3), and indicate the debtor’s status by completing Part 5 of the Official Bankruptcy Form “Voluntary Petition for Individuals Filing for Bankruptcy”.

(2)        Failure to Comply with Consumer Credit Counseling Requirements.

(a)      Failure to File Credit Counseling Certificate.  If the debtor fails to complete Part 5 of the individual petition or checks the first box indicating credit counseling was received and the debtor does not file a conforming credit counseling certificate with the petition, the petition will be considered nonconforming and the clerk is directed to serve a notice of deadline to correct deficiency. In such case, if the debtor fails to file a conforming credit counseling certificate by the deadline set in the notice, the case may be dismissed without further notice or hearing. If the second box of Part 5 of the voluntary petition is checked indicating that credit counseling was received but the debtor does not have a certificate, and a conforming credit counseling certificate is not filed within 14 days from the date the petition is filed, the case may be dismissed without further notice or hearing.

(b)      Failure to Designate Exigent Circumstances or File Motion.  If the third box of Part 5 of the voluntary petition is checked indicating that the debtor was not able to obtain credit counseling due to exigent circumstances and does not attach to the voluntary petition a separate sheet explaining what efforts the debtor made to obtain the briefing, why the debtor was unable to obtain it before filing for bankruptcy, and what exigent circumstances required the debtor to file this case, the case may be dismissed without further    notice or hearing.

(c)      Failure to File a Motion for Waiver of Credit Counseling Requirement. If the fourth box of Part 5 of the voluntary petition is checked and indicates the reason the debtor is eligible for waiver of the credit counseling requirement and the voluntary petition is not accompanied by the required motion for waiver of credit requirement the case may be dismissed without further notice or hearing.

(E)        Payment Advices Required Under 11 U.S.C. §521(a)(1)(B)(iv) – Payment advices should be accompanied by the Local Form “Declaration Regarding Payment Advices”.  If the debtor was unemployed, self-employed or otherwise did not receive or is unable to produce payment advices or evidence of payment from any employer of the debtor reflecting such payment within 60 days before the date of the filing of the petition, the debtor should also submit the Local Form “Declaration Regarding Payment Advices” and indicate on the form the debtor’s status regarding payment advices to avoid automatic dismissal of the case.  Before filing, privacy information in payment advices and other documents filed in compliance with this provision, should be redacted in accordance with Local Rule 5005-1(A)(2).

(F)       Requests for Copies of Debtor’s Tax Information – Requests for copies of the debtor’s  tax information under 11 U.S.C. §521 or for individual debtors under 11 U.S.C. §1116(1)(A), shall be made in accordance with the Administrative Office of the United States Courts “Director’s Interim Guidance Regarding Tax Information Under 11 U.S.C. §521” dated September 20, 2005, and any subsequent directives issued.  This document is posted on the court website.  In any case where the court directs the clerk to provide a party with a copy of a tax return which was ordered to be filed with the clerk, the clerk shall, unless otherwise ordered, provide such copy via U.S. mail.  Any party receiving such copy shall comply with the guidelines addressing privacy of tax information.

[Comment: See also Local Rule 1017-2 (C)Dismissal Under 11 U.S.C. §521(e)(2)(B) for Failure to Provide Tax Return” and Local Rule 5005-1(A)(2) (compliance with federal judiciary privacy policy).]

☞2015 Amendment: Former section (B) abrogated in conjunction with amendments to Official Bankruptcy Forms which have designated and separate non individual and individual forms. Section (C) which was formerly section (D) amended to reflect amendments to Official Bankruptcy Forms which have combined and renamed certain schedules and to clarify when local form must be filed regarding amended schedules. Section (D), formerly section (E) amended to reflect amendment to Official Bankruptcy Form petition which, instead of now abrogated Exhibit D, includes credit counseling information requirements in Part V of the individual debtor petition. Section (F), formerly section (G) amended to make rule applicable only to tax returns filed under 11 U.S.C. §1116(1)(A) by individual chapter 11 small business debtors, not to those filed by non-individual chapter 11 small business debtors.