Local Rule Rule 1002-1: Petition—General.

Rule 1002-1. Petition—General.

(a) Authority to File.

(1) Objection. Any objection to the filing of a voluntary petition based on the debtor's lack of authority to file the petition must be made by a motion filed no later than 14 days after the date the meeting of creditors is completed. Failure to object timely will be deemed a waiver of the objection.

(2) Conservatorship. A certified copy of an order for conservatorship of the debtor must be filed with any petition filed by a debtor's conservator.

(3) Voluntary Petition by Attorney in Fact.

(A) Prerequisites to Filing Petition. An attorney in fact may file a voluntary petition on behalf of a debtor only if:

(i) the debtor is an individual;

(ii) a written power of attorney, valid under nonbankruptcy law, expressly authorizes the attorney in fact to file a bankruptcy petition on behalf of the debtor;

(iii) extraordinary circumstances exist warranting the commencement of a bankruptcy case under the authority granted by the power of attorney; and

(iv) the debtor is not an infant or an incompetent person.

(B) Duties of Attorney in Fact and Debtor; Limit on Authority of Attorney in Fact.

(i) The attorney in fact must sign the petition as attorney in fact for the debtor and file it with a copy of the power of attorney, the mailing address of the attorney in fact's dwelling house or usual place of abode or the place where the attorney in fact regularly conducts a business or profession, and a statement, signed under penalty of perjury, certifying each prerequisite in (A) and explaining the extraordinary circumstances described in (A)(iii).

(ii) The court will issue an order that the attorney in fact and the debtor show cause why the case should not be dismissed. Within 14 days after entry of the order, the debtor must file a statement, signed under penalty of perjury, either ratifying the filing of the petition and all statements in it or stating why the debtor cannot do so.

(iii) The attorney in fact may take no other action in the bankruptcy case on behalf of the debtor.

(iv) Without limiting (iii) above, the debtor must sign the schedules, statement of financial affairs, and all other documents filed by or on behalf of the debtor (other than the petition) and appear at the meeting of creditors.

(b) Chapter 7 or 13 – Consumer Debt Presumption. A case filed by an individual will be presumed to be filed by a debtor whose debts are primarily consumer debts unless another nature of debt is checked on the petition.

Cross-references: • Caption – LBR 1005-1. • Involuntary Petition – LBR 1010-1. • Filing Location – LBR 1073-1. • Representation of an Organization – LBR 9010-1(c). • Petition—Infant or Incompetent Person – LBR 1004.1-1.