Local Rule RULE 1002-1: Petition - General.

RULE 1002-1. Petition - General.

(a) Petitions. All petitions shall conform to Official Form 101.

(b) Filing. A petition commencing a case under the U. S. Bankruptcy Code shall be filed electronically through CM/ECF unless the filer is a self-represented litigant, and then by filing with the clerk's office.

(c) No Blank Items. Each item in the petition not otherwise filled out shall be completed by the entry of "none" or "not applicable," as appropriate.

(d) Documents Signed by Someone Other Than Debtor. If a voluntary petition for an individual debtor or other document is signed on debtor's behalf by someone other than debtor, the name and capacity of the person signing on debtor's behalf must be clearly stated under the signature line. In addition, a copy of documentation evidencing the authority of the signer to act on debtor's behalf must be filed at the same time as the petition. If there is no such documentation, a statement explaining how the petition complies with Fed. R. Bankr. P. 1004.1 must be filed with the petition. A certificate of service shall be filed no later than 14 days after the case has commenced, which identifies that both a copy of the filed petition and a notice of bankruptcy case were mailed to the non-signing debtor at the non-signing debtor's last known address on file with the Court.

Related Authority: Fed. R. Bankr. P. 1002 and 5005 Bankruptcy Official Form 101 Comment: This Local Rule in (d) is designed for debtor's protection and does not confer authority on others to file petitions or other documents, such as schedules, reaffirmation agreements, etc., on debtor's behalf. It is designed to make it clear when documents are signed by a representative such as a general guardian, committee, conservator, or similar fiduciary on debtor's behalf so parties in interest may determine whether it is appropriate. Attorneys filing such a petition should review applicable laws and Rules of Professional Conduct.