Local Rule 1007-1: LISTS, SCHEDULES, STATEMENTS, AND OTHER REQUIRED DOCUMENTS; TIME LIMITS

RULE 1007-1. LISTS, SCHEDULES, STATEMENTS, AND OTHER REQUIRED DOCUMENTS; TIME LIMITS.

(a) Schedules of Assets in All Chapters.

(1) Disclosure of All Assets. The debtor must list all assets in which the debtor has – or may have – an interest, and specify where the asset is located, as well as the nature and type of ownership the debtor claims. The debtor must describe all assets with sufficient specificity to allow for easy identification of the assets and attach an addendum separately describing and listing all individual items worth more than $1,500.

(2) Business Inventory or Equipment. When a debtor discloses business inventory or equipment, the debtor must provide an addendum providing: (A) a general description of the inventory and/or equipment, (B) a list of the item(s) in each category of equipment or inventory, (C) a brief explanation of the exact location of the item(s), (D) the name and address of the custodian, (E) how such property is protected, if at all, and (F) the amount and duration of fire and theft insurance, if any.

(b) Schedules of Debts in All Chapters. All schedules of debts must be complete and include the date the debtor incurred each debt and the consideration for each debt. The debtor must list all debts, including disputed debts, contingent debts, and debts owed to creditors whom the debtor does not expect will file proofs of claim.

(c) Motion to Enlarge Time. If a debtor files a motion to enlarge the time to file schedules and seeks to file the schedules within seven days before the first meeting of creditors, the debtor must obtain the trustee's consent.

(d) Payment Advices Cover Sheet. In addition to complying with the requirements of § 521(a)(1)(B)(iv), each debtor must also sign and file the local payment advices cover sheet (Local Form B), under penalty of perjury. See also Local Rule 9011-4(c).

(e) Pre-Petition Credit Counseling. Certificate from Approved Nonprofit Budget and Credit Counseling Agency Regarding Pre-Petition Credit Counseling. See Local Rule 4002-1(a); see also Local Rule 4004-2(a).

(f) Official Form 121, Statement About Your Social Security Numbers.

(1) Individual debtors must complete and sign Official Form 121, see Bankruptcy Rule 1007(f).

(2) Pro se debtors must submit the completed and signed Official Form 121 with the petition.

(3) If the individual debtor is represented by an attorney, the debtor's attorney must retain Official Form 121 for at least 5 years in accordance with Local Rule 9011-1(b).

(g) Official Form 121 is not part of the case docket or public court record and therefore Official Form 121 should never be filed. See Local Rule 1007-1(g).

(h) Definition of "Submitted." "Submitted" as used in these Rules and Bankruptcy Rule 1007(f), refers to documents are not part of the public court record and should not be filed through CM/ECF. When a party is required to submit a document, the party must deliver or transmit it to the Clerk's Office and the Clerk's Office shall maintain it, off the public record.

(i) Debtor's Affidavit to be Filed in Chapter 11 Case. All chapter 11 debtors must file an affidavit setting forth:

(1) the nature of the debtor's business and a concise statement of the circumstances leading to the filing;

(2) whether the case was originally filed under another chapter and, if so, the name and address of any trustee appointed in that case;

(3) the names and addresses of all members of any committee organized prior to the order for relief in the chapter 11 case, any attorney for such committee, and a brief description of the circumstances surrounding the formation of any committee and the date of its formation;

(4) the number of classes of shares of stock, debentures, or other securities of the debtor that are publicly held, and the number of holders of those interests, with a separate listing of those held by the debtor's officers and directors indicating the amounts so held by each officer and director;

(5) a list of all property of the debtor in the possession or custody of a custodian, public officer, mortgagee, pledgee, assignee of rents, receiver, secured creditor, or the agent of any of these entities, giving the name, address, and telephone number of each and the court in which a related proceeding is pending;

(6) except for cases that fit within § 524(g), the nature and present status of each action or proceeding pending or threatened against the debtor or the debtor's property, including the court, case number, and name, address, and telephone number of opposing counsel; and

(7) the real estate in which the debtor claims any interest.

(j) Additional Information Required if a Business Continues Operating. If the chapter 11 debtor continues to operate a business, the affidavit required under paragraph (h) must also include:

(1) the projected amount of weekly, bi-weekly, or monthly payroll and reimbursed expenses to employees, officers, partners, or other related individuals for the 30-day period following the filing of the petition;

(2) an estimated schedule of cash receipts and disbursements, in 30-day increments, covering the debtor's business operations for 90 days following the filing of the petition; and

(3) proof of all insurance.

(k) When to File Additional Business Information. In a voluntary chapter 11 case, the debtor's affidavit referred to in paragraphs (h) and (i) above must accompany the petition. In an involuntary chapter 11 case, the affidavit must be filed within 14 days after the entry of the order for relief, unless the Court orders otherwise.

(l) Waiver of Requirements. On application of the debtor showing that it is impracticable or impossible to furnish some or all of the foregoing information, and on notice to the United States Trustee, with seven days to object, the Court may waive, or enlarge the time for complying with, any of the foregoing requirements.

(m) Electronic Transmission of Chapter 13 Plan Payments.

(1) Each chapter 13 debtor must file the following documents with the chapter 13 plan:

(A) Local Form Y-8, consenting to the Court's entry of an order instituting direct wage withholding, deduction via the TFS Bill Pay system, or automatic debits from a bank account, with the trustee's consent, the proposed order for which must contain the provision, "If the debtor defaults on plan payments, the debtor may be required to make plan payments thereafter through a wage withholding order"; or

(B) a motion to waive the electronic payment requirement, setting forth cause for that waiver. See Local Rule 3070-1(a).