Local Rule RULE 1007-1: Schedules, Statement of Financial Affairs, Statement of Social Security Number, and Other Official Forms.

RULE 1007-1. Schedules, Statement of Financial Affairs, Statement of Social Security Number, and Other Official Forms.

(a) No Blank Items. Every blank in every form must be completed, and all of the information required by the Official Forms must be provided.

(b) Summary of Assets and Liabilities. In all Chapter 7, 11, 12, and 13 cases, debtor shall file Official Form 106 Summary or 206 Summary (as appropriate), which lists a summary of all assets and liabilities that itemizes all priority, secured, and unsecured claims; itemizes all real and personal property, and any exemptions claimed; and totals the amounts of all assets, all liabilities, and all exemptions claimed. Debtor shall attach an amended Official Form 106 Summary or 206 Summary (as appropriate) to any amended schedule or statement the debtor files.

(c) Corporate or Limited Liability Company Petition Accompanied by Resolution. A petition filed by a corporation or a limited liability company under Chapters 7, 11, or 12 shall include a resolution adopted by the directors or members or managers and, if required by the corporate by-laws or the laws of the state of incorporation, a resolution adopted by shareholders authorizing the relief sought (or a certification by the person signing the petition or debtor's attorney that a shareholders' resolution is not required).

(d) Incomplete Filings and Dismissal. If the schedules, statement of financial affairs, and other required forms are not filed with the petition, the Clerk will enter a Deficiency Notice that identifies each omitted item. If the omitted items are not received by the Clerk before the deadline stated in the Deficiency Notice, the Clerk will enter a Notice of Pending Dismissal that explains the case will be dismissed without further notice or a hearing if the deficiency is not cured within 14 days of the date of the Notice of Pending Dismissal.

(1) If the Statement About Your Social Security Number, Official Form 121, as required by Fed. R. Bankr. P. 1007(f) and 4002(b)(1)(B) is not filed with the petition, the Clerk will enter a Notice of Pending Dismissal for Failure to File Statement of Social Security Number that explains if the missing form is not received within seven days after the date of filing of the voluntary petition, the case will be dismissed without further notice or a hearing.

(e) Extension of Time. Except as provided in 11 U.S.C. § 1116(3), an extension of time under Fed. R. Bankr. P. 1007(c) to file schedules, statement of financial affairs, or other required documents will not be granted beyond three days before the date set for the first meeting of creditors pursuant to 11 U.S.C. § 341(a) unless a judge orders otherwise for cause shown. Any motion for extension of time filed under this Local Rule shall:

(1) state the date of extension requested; and

(2) identify the date currently set for the meeting of creditors pursuant to 11 U.S.C. § 341(a) or affirmatively allege that no date has been set.

An extension beyond the three days outlined in subsection (e) of this Local Rule will not be granted unless debtor has been granted under Mont. LBR 2003-4 a continuance of the meeting of creditors pursuant to 11 U.S.C. § 341(a), and the confirmation hearing if applicable, and provided appropriate notice thereof.

A motion for extension of time filed after the Notice of Pending Dismissal is entered, but before it expires, will be denied absent a showing of extraordinary circumstances beyond the debtor's control.

(f) Retention of Signed Copies. Signatures on documents that are electronically filed and that require original signatures other than from the authorized CM/ECF user must be maintained in one of the two following manners:

(1) Original Signatures. The originally signed paper copies of a bankruptcy petition and accompanying papers required to be verified under Fed. R. Bankr. P. 1008 and any declaration made by any party under penalty of perjury in accordance with 28 U.S.C. § 1746 must be retained by the CM/ECF user for five years after the date that the case or proceeding is closed. The Court, on its own motion or on the request of a party in interest, may require the production of any originally signed document; or

(2) Scanned Signatures. The pages bearing the signatures must be scanned into CM/ECF after the electronic version of the document bearing the parties' electronic signatures.

(g) Tax Returns and Refunds.

(1) Restrictions Regarding Debtor's Tax Information. Tax information that is filed with the Court and provided to creditors and trustees is subject to the Administrative Office's guidance regarding tax information as from time to time promulgated. Any person receiving copies of debtor's tax information shall treat the information as confidential and shall not disseminate it except as appropriate under the circumstances of the case.

(2) Tax Refunds. Immediately upon receipt, debtor shall turn over all applicable income tax refunds to trustee.

Related Authority: 11 U.S.C. §§ 102, 109, 521, 1116, 1308, and 1325 Fed. R. Bankr. P. 1007, 1017, 4002, and 4004 Comments: The Official Bankruptcy Forms for Schedules D and F require creditor's name, address, account number, the date the claim was incurred, the consideration for the claim, the amount of the claim, and other information. Be sure to provide an approximate date (or a range of dates) for when each debt was incurred and indicate the underlying basis for the claim (e.g., medical bills incurred from 5/99 through 6/03). Filing incomplete schedules or statement of financial affairs may result in denial of discharge or the disgorgement of fees.

As the Administrative Office's Guidance may change, please refer to the Court's website at www.mtb.uscourts.gov for the most recent version. (Director's Interim Guidance Regarding Tax Information under 11 U.S.C. § 521)

The five-year retention requirement is intended to coincide with the statute of limitations for the bankruptcy fraud provisions of 18 U.S.C. § 151, et. seq.