Local Rule 9004-2: Captions for Documents in a Bankruptcy Case.

Rule 9004-2. Captions for Documents in a Bankruptcy Case.

(a) Information required in a case caption. Except as provided in paragraph (b) below, the caption on a document in a bankruptcy case shall conform to Fed.Rs.Bankr.P. 1005, 2002(n), and 9004, Official Form 416A, and Appendix 9A (individual debtor), Appendix 9B (joint debtors), or Appendix 9C (nonindividual or business debtor), and shall include:

(1) the debtor's full name;

(2) the debtor's full employer identification number, if any;

(3) the last four digits of an individual debtor's Social Security number;

(4) the last four digits of an individual debtor's taxpayer identification number, if any, or the full tax identification number of any nonindividual or business debtor;

(5) all names used by the debtor within the previous eight years. Other names presently used shall be preceded by the letters "aka" (no periods or other marks between the letters) to represent "also known as." Names formerly used shall be preceded by the letters "fka" (no periods or other marks between the letters) to represent "formerly known as"; and

(6) as the title of the document, the name of the party who has offered it and a short description of the pleading.

(b) Additional information required in certain captions. If a debtor amends his schedules to add a creditor, the notice served on the added creditor shall comply with 11 U.S.C. § 342(c) and shall include the debtor's full taxpayer identification number, if any, but the notice filed with the Court shall contain only the last four digits of the debtor's taxpayer identification number.

REFERENCES: 11 U.S.C. § 342(c); Fed.R.Civ.P. 10; Fed.Rs.Bankr.P. 1005, 2002(n), 9004(b), and 9037; Official Form 416A. For the caption for an adversary proceeding, see Bankr. D.S.D. R. 7010-2.

Practice Pointer: Fillable "merge" forms in both Word and WordPerfect to create captions are available on the Court's website at www.sdb.uscourts.gov under Local Rules and Forms and then All Local Forms.