Local Rule Rule 1007-3: PROOF OF INCOME

Rule 1007-3 PROOF OF INCOME A. Payment Advices. The debtor shall, for the one hundred eighty (180) day period preceding the bankruptcy filing, file with the Clerk copies of the payment advices described in 11 U.S.C. §521(a)(1)(B)(iv). When the debtor files the payment advices, in accordance with LBR 1007-5, he must redact personal information such as the first five (5) numbers of the debtor's Social Security Number (SSN) and personal identifying numbers such as employee identification numbers. If the debtor does not have the required payment advices, then the debtor shall file a certification with the Clerk explaining the reason payment advices are not available.

B. Tax Returns. The debtor shall provide to the trustee not later than fourteen (14) days before the date first set for the first meeting of creditors a paper copy of the Federal income tax return required under applicable law (or, at the election of the debtor, a transcript of such return) for the most recent tax year ending immediately before the commencement of the case and for which a Federal income tax return was filed. If a Federal income tax return was not filed, the debtor shall submit a statement with the trustee not later than fourteen (14) days before the date first set for the first meeting of creditors which informs the trustee that a Federal income tax return is not available and the reason.

C. Other Sources of Income. Each individual debtor shall also report to the trustee not later than fourteen (14) days before the date first set for the first meeting of creditors any other source of income not listed on the debtor's Federal income tax return or payment advices.

D. Chapter 13 cases. The debtor shall provide the chapter 13 trustee, at least 7 days before the date set for the § 341 meeting of creditors the following: 1. Proof of Current Monthly Income (11 U.S.C. § 101-10A) – Wage Earner: Pay stubs for the six months prior to the petition date or certification by employer for the same period. A summary describing the gross income and the detailed deductions must be included with the pay stubs. 2. Proof of Current Monthly Income (11 U.S.C. § 101-10A) – Self Employed: In lieu of a pay stub the self employed debtor shall provide the chapter 13 trustee, for the period of six months prior to the petition date, copies of bank account statements and an affidavit or declaration under penalty of perjury of the debtor indicating his income and explaining the non-existence of a bank account. (This Rule does not modify the debtor's duty to comply with 11 U.S.C. § 521(a)(1)(B)(iv) or to request a waiver from the Court of that requirement.) 3. Actual Expenses for Above Median Income Debtor: If the debtor has income above the applicable median income for the district, the debtor shall provide the chapter 13 trustee with documentation demonstrating his actual expenses claimed as deductions in Form B22C over the applicable IRS Tables of Expenses. 4. Income Tax Returns: A copy of any and all income tax returns required under applicable law (or, at the election of the debtor, a transcript of such return) for all taxable periods ending during the four (4) year period ending on the date of the filing of the petition. If a return was not filed, the debtor shall submit a statement to the chapter 13 trustee, advising that a tax return is not available and the reason. 5. Because the information required by this Rule is necessary for the chapter 13 trustee to comply with 11 U.S.C. § 1302(b)(1), the debtor's failure to provide it will amount to a failure to comply with his/her duty to the trustee under 11 U.S.C. § 521(a)(3) and may also constitute cause under 11 U.S.C. § 1307(c) for the dismissal or conversion of the case to another chapter.