Skip to main content

BANKRUPTCY LOCAL RULE 1002-1 PETITION-GENERAL

(a) Filing. A petition commencing a case under the Bankruptcy Code shall be filed in the Bankruptcy Division of the District Court of Guam.

(b) Commencement of Case. A case is commenced by filing with the clerk:

(1) A petition using the appropriate Official Form;

(2) A mailing matrix in a format prescribed by the clerk; and

(3) A filing fee paid in full in accordance with FRBP 1006, or the first installment together with a motion to pay the filing fee in installments in accordance with FRBP 1006.

(c) Declaration. Petitions filed by lawyers who are registered CM/ECF participants shall be accompanied by a declaration substantially conforming to the local form (Declaration Re: Electronic Filing of Petition, Schedules & Statements [GUB 5005-4]).

(d) Effect of Failure to Specify Necessary Information.

(1) If the petition fails to specify the chapter under which relief is sought, the case will be deemed to have been filed under chapter 7.

(2) If the petition fails to specify whether it is a consumer or business case, it will be presumed to be a consumer case.

(3) If the petition fails to indicate the number of creditors or equity holders, or the amount of assets or debts, it will be presumed that the case falls in the smallest category of each.

BKLR 1002-1 Related Local Form: • Declaration Re: Electronic Filing of Petition, Schedules and Statements [GUB 5005-4] • Mailing Matrix Guidelines