Local Rule 1007-1: LISTS, SCHEDULES, STATEMENTS, AND CERTIFICATIONS

RULE 1007-1 LISTS, SCHEDULES, STATEMENTS, AND CERTIFICATIONS

(a) Petitions, Schedules, Statements, and Plans.

(1) Procedures for Dismissal of Chapter 7, 11, or 12 Cases for Failure to Timely File Certain Papers. A case trustee or United States Trustee's motion to dismiss for failure to timely file a list of equity security holders and certain papers required by and within the times required by 11 U.S.C. §§ 521, 1116(1), Fed. R. Bankr. P. 1007, Fed. R. Bankr. P. 2015.3, Local Rule 1007-1(b), or within such other time as ordered by the Court, may be combined in a single document with the notice of the motion and the notice of the hearing. In a chapter 7 case, the case trustee or United States Trustee may use Local Form 2003-1 to request dismissal. The clerk shall serve notice of a case trustee's or United States Trustee's motion to dismiss filed pursuant to this Local Rule.

(2) Procedure for Dismissal of Chapter 13 Cases for Failure to Timely File Certain Papers. The Court may dismiss a case, except a case that has been converted from a chapter 7 case to chapter 13, if the debtor fails to file (i) a list of creditors' names and addresses under Local Rule 1007-1(b), or documents required by § 521(a)(1) and Fed. R. Bankr. P. 1007(b)(1) within the time required by Fed. R. Bankr. P. 1007(c); or (ii) a chapter 13 plan within the time provided by Fed. R. Bankr. P. 1007 and 3015. The procedures for dismissal on these grounds are set forth in Local Rule 2083-1(g). Nothing in this Rule or in Local Rule 2083-1(g) shall alter the provisions for automatic dismissal of a case under § 521(i). However, if there is a pending motion filed by the chapter 13 trustee or a creditor under § 109(g) or § 362(d)(4)(a) and/or (b), the case shall remain open until the Court has entered an order granting or denying such motion, or the motion has been withdrawn.

(b) List of Creditors and Equity Security Holders. The debtor may file with the petition, but must file no later than 2 days thereafter, the list required under Fed. R Bankr. P. 1007(a)(1) in a form designated by the clerk and, if applicable, an additional list of creditors holding claims under § 507(a)(1)(A) and (B), and a list of equity security holders, in the manner prescribed by the clerk's office. If the debtor fails to timely file the list required under Fed. R. Bankr. P. 1007(a)(1), the Court may sua sponte dismiss the case. If the debtor files a list of creditors holding claims under § 507(a)(1)(A) and (B), the clerk may provide the notice specified in § 704(c)(1)(A) and (B) at least 20 days prior to the § 341 Meeting. The clerk may mail the notice provided by the trustee as specified in § 704(c)(1)(C) within 21 days after the debtor is granted a discharge under § 727.

(c) Court's Powers. Nothing in this Rule should be interpreted to alter § 521. Nothing in this Rule should be interpreted to alter the Court's powers under § 105 or the Court's inherent powers to take action, including ordering dismissal of a case.

(d) Filing of Documents Following Conversion. All lists, schedules, statements, and other documents filed prior to conversion of a case to another chapter shall be deemed filed in the converted case unless the Court directs otherwise; however, if a trustee or the United States Trustee makes a written request after the entry of an order converting the case, the debtor shall file within 21 days after the date of such written request either: (i) a declaration under penalty of perjury that there have been no material changes to the lists, schedules, statements, and other documents filed prior to conversion, or (ii) amended lists, schedules, statements, and other documents reflecting the material changes. In addition, within 30 days after a joint chapter 13 case is bifurcated and a co-debtor converts to chapter 7, the remaining chapter 13 debtor shall file a supplemental declaration that all claims have been reviewed and that any appropriate objections to claims for debts owed solely by the bifurcated chapter 7 debtor have been filed and served as provided in Local Rule 2083-1(l).

(e) Compliance with § 109(h) (Credit Counseling).

(1) Section 109(h)(1): The Credit Counseling Certification. The clerk must enter an order dismissing the case unless an individual debtor: (A) certifies on Part 5 of the petition compliance with § 109(h)(1) and attaches to the petition the certificate of credit counseling required by § 521(b); (B) certifies on Part 5 of the petition compliance with § 109(h)(1) but does not attach to the petition the credit counseling certificate required by § 521(b), but then files the certificate within 14 days after the petition date; (C) as set forth below, timely submits to the Court a satisfactory certification of exigent circumstances required by § 109(h)(3)(A); or (D) obtains an order that the debtor is not required to take the credit counseling briefing under § 109(h)(4).

(2) Section 109(h)(3)(A): Extension of Time to Take Credit Counseling Course. If the debtor certifies on Part 5 of the petition that § 109(h)(3) applies, the debtor must file at the same time as the petition a separate certification under § 109(h)(3)(A) that is sufficient to the Court and that merits an extension of no more than 30 days from the petition date to comply with § 109(h)(1). The statement shall: (i) explain what efforts the debtor made to obtain the credit counseling briefing during the 7 days prior to the petition date; (ii) explain why the debtor was unable to obtain the credit counseling briefing before filing the petition; and (iii) describe the exigent circumstances that merit a waiver of the requirement to take the credit counseling briefing before filing the bankruptcy petition. The Court may grant the motion, set it for a hearing, or deny the motion without a hearing. If the motion is denied, the clerk must enter an order dismissing the case. If the motion is granted, the debtor must timely file the credit counseling certificate required by § 521(b) or the clerk will enter an order dismissing the case unless the Court, for cause, orders under § 109(h)(3)(B) an additional 15 days to comply.

(3) Section 109(h)(4): Debtor Not Able to Take Credit Counseling Briefing. If the debtor asserts on Part 5 of the petition that the credit counseling briefing cannot be taken due to incapacity, disability, or active military duty, the debtor must timely take the following actions, or the clerk may enter an order dismissing the case:

(A) At the same time as the petition, file a motion and proposed order under § 109(h)(4). The motion should be supported by admissible but appropriately redacted documents establishing the debtor's incapacity, disability, or active military duty;

(B) A hearing on the motion shall be set for a date not later than 42 days after the petition date; and

(C) Notice of the motion shall be served pursuant to Local Rule 2002-1.