Local Rule RULE 1007–1: Lists, Schedules, Statements, and Other Documents; Time to File

RULE 1007–1 Lists, Schedules, Statements, and Other Documents; Time to File

(a) List of Creditors – Voluntary Case. The debtor shall file with a voluntary petition a list of creditors containing the name and address of the debtor and all creditors (the "List of Creditors"). If not filed via the Electronic Case Filing System, the List of Creditors shall be submitted in the format specified by the Clerk. The mailing matrix shall suffice for the list of creditors referred to in Bankruptcy Rule 1007(a). The List of Creditors shall serve as the list required by Bankruptcy Rule 1007(a)(1) and the mailing matrix.

(b) List of Creditors – Involuntary Case. The debtor shall file within seven (7) days after entry of the order for relief a list of creditors containing the name and address of the debtor and all creditors (the "List of Creditors"). If not filed via the Electronic Case Filing System, the List of Creditors shall be submitted in the format specified by the Clerk. The mailing matrix shall suffice for the list of creditors referred to in Bankruptcy Rule 1007(a). The List of Creditors shall serve as the list required by Bankruptcy Rule 1007(a)(2) and the mailing matrix.

(c) Payment Advices or Other Evidence of Payment. Copies of the following shall not be filed with the Court unless otherwise ordered but shall be provided to the trustee and any creditor (who timely requests copies of the payment advices or other evidence of payment) at least seven (7) days before the date of the meeting of creditors conducted pursuant to 11 U.S.C. § 341: (1) all payment advices from an employer of the debtor and/or all other evidence of payment received by the debtor within sixty (60) days before the date of the filing of the petition; or (2) a declaration that no payment advices or other evidence of payment was received by the debtor within sixty (60) days before the date of the filing of the petition.

(d) Motion to Extend Time; Notice.

(1) Automatic Extension. If a debtor files a motion to extend time to file lists, schedules, statements, and other documents within fourteen (14) days after the petition date, the Clerk shall enter an order extending time for filing to the shorter of either fourteen (14) additional days or seven (7) days prior to the initial scheduled meeting of creditors. The Clerk's order shall further provide that the debtor either must (i) file the lists, schedules, statements, and other documents or further motion to extend time for the same by the date set forth therein; or (ii) timely file a response and attend a hearing to explain why the case should not be dismissed. Such motion need only be served on the United States Trustee, any appointed trustee, any official committee, and any other party as the Court may direct. Any party objecting to such extension will have seven (7) days from the date of the entry of the order granting such extension under this subsection to file objections with the Court and to schedule a hearing on same.

(2) Other Extension. If a debtor requests an extension of time to file lists, schedules, statements, and other documents to a date less than seven (7) days prior to the initial scheduled meeting of creditors, then the motion shall be set for a hearing and give notice to the United States Trustee, any appointed trustee, any official committee, and any other party as the Court may direct. Notice of the motion shall provide that parties objecting to the extension of time shall file written objections with the Court within seven (7) days after service of the motion by the debtor.

(e) Possible Dismissal of Case; Notice.

(1) In any case in which an Individual Debtor's Statement of Compliance with Credit Counseling Requirement; verified statement that sets out the debtor's social security number (Statement of Social Security Number), or states that the debtor does not have a social security number; and/or the List of Creditors as described in this Local Bankruptcy Rule 1007–1(a), together with attached documents as specified therein, are not filed at the time of the filing of the voluntary petition, the Clerk shall issue a notice that the debtor either must (i) file the same not later than three (3) days after the issuance of the notice; or (ii) timely file a response and attend a hearing to explain why the case should not be dismissed. The notice period set forth herein commences for mailed notices three (3) days after the notice is mailed and for electronic notices when the electronic notice is served.

(i) Unless the Court orders otherwise, if the debtor has filed a statement under Bankruptcy Rule 1007(b)(3)(B), but does not file the documents required by Bankruptcy Rule 1007(b)(3)(A), the Clerk shall issue a notice that the debtor either must (A) file the same no later than three (3) days after the issuance of the notice; or (B) timely file a response and attend a hearing to explain why the case should not be dismissed.

(2) In any case in which any of the lists, schedules, statements, and other documents are not filed at the time of the filing of the voluntary petition, the Clerk shall issue a notice that the debtor either must (i) file the same no later than fourteen (14) days after the filing of the petition; or (ii) timely file a response and attend a hearing to explain why the case should not be dismissed.

(3) In any case in which the statement of intentions as required by 11 U.S.C. § 521 are not filed at the time of the filing of the voluntary petition, the Clerk shall issue a notice that the debtor either must (i) file the same no later than thirty (30) days after the filing of the petition; or (ii) timely file a response and attend a hearing to explain why the case should not be dismissed.