Local Rule 4002-1: DEBTOR'S DUTIES

RULE 4002-1 DEBTOR'S DUTIES

(a) Relevant Local Rules Affecting Debtor's Duties. Without limiting any duty in the Bankruptcy Code, the Fed. R. Bankr. P. or any applicable law, the debtor's duties under these Local Rules are set forth in this Rule and as follows: Chapter 7 / Local Rules 1007-1, 2003-1 Chapter 11 / Local Rules 1007-1, 2003-1, 2081-1, 3022-1, 3022-2, 6070-1 Chapter 12 / Local Rules 1007-1, 2003-1, 2082-1, 6070-1 Chapter 13 / Local Rules 1007-1, 2003-1, 2083-1, 6070-1

(b) Pro Se Debtor. In addition to the duties set forth in this Local Rule, an individual Debtor appearing without counsel must review and comply with Local Rule 9011-2(b).

(c) Debtor's Change of Address.

(1) Filing. The debtor must file with the Court a document identifying a new mailing address if the address changes prior to the case being closed or dismissed.

(2) Service. The change of address document must be served on the United States Trustee and the case trustee, if any.

(d) Information Requests From the Case Trustee or the United States Trustee.

(1) Applicable to All Debtors. On a written request by the case trustee or the United States Trustee, an individual debtor must provide the following materials, or a statement explaining why the debtor cannot provide such materials, within 14 days: (A) financial information described in Fed. R. Bankr. P. 4002(b), (B) bank statements, (C) canceled checks, (D) checkbooks, and (E) any other documents, recorded information, or other information reasonably necessary for the effective administration of the bankruptcy estate.

(2) Applicable to Certain Chapter 7 Debtors.

(A) Scope. This section (b)(2) applies only to Chapter 7 debtors who: (i) are individuals, (ii) whose debts are primarily consumer debts, and (iii) whose income is above the applicable State Median Family Income established by the Census Bureau.

(B) Requests by the United States Trustee. On a written request by the United States Trustee, a debtor specified in section (b)(2)(A) must provide the following materials, or a statement explaining why the debtor cannot provide such materials, to the United States Trustee within 14 days: (i) a copy of the most recent Federal income tax return, and (ii) copies of all payment advices for the 6-month period that ends on the last day of the calendar month immediately before the date the case was filed.

(e) Dismissing a Case for an Individual Debtor's Failure to Provide Documents at or Before the Meeting of Creditors.

(1) Chapter 13.

(A) Dismissal. The Court may dismiss a Chapter 13 case that has not been converted from Chapter 7 if the debtor fails to file or provide documents in compliance with the following Local Rules: (i) 1007-1(a)(2), (ii) 2083-1(e), and (iii) 2083-1(g).

(B) Procedure. Such a dismissal must follow the procedures set forth in Local Rule 2083-1(g).

(2) Other Chapters. The Court may dismiss a case not under Chapter 13 if an individual debtor fails to provide any of the following documents in a timely manner: (A) documents required by 11 U.S.C. § 521(e)(2)(A) within the time frames set forth therein, (B) documents required by Fed. R. Bankr. P. 4002(b) within the time frames set forth therein, or (C) documents required by subsection (b) of this Local Rule within the time frames set forth therein.

(f) Inherent Powers of the Court. Nothing in this Rule should be interpreted to alter the Court's powers under 11 U.S.C. § 105, the Court's inherent power to act, or the Court's power to dismiss a case.