Local Rule Rule 1007-1: Schedules and Other Initial Papers

Rule 1007-1 Schedules and Other Initial Papers

(a) Failure to Timely File Initially Required Documents. If the debtor fails to timely file the schedules, statement of financial affairs or other required documents and fails to timely move for an extension of time under Local Rule 9006-1(a) before the deadline for filing those documents, the debtor's voluntary petition may be dismissed without a hearing unless, within 21 days after the petition is filed, a party files a request for a hearing. If a party files a timely request for a hearing, the court will schedule a hearing with notice to any party who requested it, the debtor, the trustee and the United States trustee.

(b) Pro Se Declarations. In a case in which the debtor is not represented by an attorney, the debtor must file a completed form "Declaration Under Penalty of Perjury for Debtor(s) Without An Attorney," available on the court's website. The deadline to file the declaration form is 14 days after the petition is filed.

(c) Payment Order in a Chapter 13 Case.

(1) Within 14 days after filing a chapter 13 petition or converting a case to chapter 13, the debtor must submit for entry one or more proposed initial payment orders, as necessary to make plan payments, using the following forms available on the court's website: (A) "Third Party Payment Order" or (B) "Electronic Transfer of Funds Payment Order," but only if a Third Party Payment Order cannot be effectuated.

(2) The initial Third Party Payment Order must be submitted on an ex parte basis and need not be submitted to the trustee for concurrence. An Electronic Transfer of Funds Payment Order may only be submitted for entry upon a filed stipulation with the trustee. Upon entry, the trustee must serve a copy of the payment order(s) as appropriate.

(3) By the deadline under subpart (c)(1), the debtor may instead file a motion under Local Rule 9014-1, supported by an affidavit, or a stipulation with the trustee, for an order excusing the requirement of a payment order, for good cause.

(4) A payment order may be amended only by: (A) an order entered upon a motion under Local Rule 9014-1; (B) an order entered upon a stipulation with the trustee; or (C) a provision in an order confirming the plan.

(5) This rule does not affect a debtor's duty to commence or continue plan payments.

(d) Service of the Plan in a Chapter 13 Case. The debtor must promptly serve a copy of the plan on all creditors and other parties in interest and file a certificate of service. The debtor need not serve a copy of the plan on the trustee.

(e) ABROGATED

(f) Section 521(a)(1)(B)(iv) Material. The debtor need not file the material identified in § 521(a)(1)(B)(iv) - "copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition, by the debtor from any employer of the debtor." Instead, if the debtor is represented by an attorney, the debtor's attorney must transmit this material to the trustee in PDF format by email at least seven days prior to the first date set for the meeting of creditors, but not later than 45 days after the date of the filing of the petition. If the debtor is not represented by counsel, the debtor must mail or deliver this material to the trustee at least seven days before the first date set for the meeting of creditors, but not later than 45 days after the petition was filed.

(g) Schedule C in a Joint Case. Each debtor in a joint case must file a separate schedule C.