Local Rule Rule 1007-4: Lists, Schedules, Statements and Other Documents; Time Limits

Rule 1007-4 Lists, Schedules, Statements and Other Documents; Time Limits

(a) Schedules, Statements and Other Documents Required. Unless either (A) § 707(b)(2)(D)(i) applies, or (B) § 707(b)(2)(D)(ii) applies and the exclusion from means testing granted therein extends beyond the period specified by F.R.Bankr.P. 1017(e), an individual debtor in a chapter 7 case must file a statement of current monthly income prepared as prescribed by the appropriate Official Form, and, if the current monthly income exceeds the median family income for the applicable state and household size, the information, including calculations, required by § 707(b), prepared as prescribed by the appropriate Official Form.

(b) Time Limits. In a voluntary case, the schedules, statements and other documents required by F.R.Bankr.P. 1007(b)(1), (4), (5) and (6) must be filed with the petition or within 14 days thereafter, except as otherwise provided in F.R.Bankr.P. 1007(d), (e), (f) and (h) or in subpart (c) of this rule. In an involuntary case, the list in F.R.Bankr.P. 1007(a)(2), and the schedules, statements and other documents required by F.R.Bankr.P. 1007(b)(1) must be filed by the debtor within 14 days of the entry of the order for relief. In a voluntary case, the documents required by subparts (A), (C) and (D) of F.R.Bankr.P. 1007(b)(3) must be filed with the petition. Unless the court orders otherwise, a debtor who has filed a statement under F.R.Bankr.P. 1007(b)(3)(B), must file the documents required by F.R.Bankr.P. 1007(b)(3)(A) within 14 days of the order for relief. In a chapter 7 case, the debtor must file the statement required by F.R.Bankr.P. 1007(b)(7) within 45 days after the first date set for the meeting of creditors under § 341 of the Code, and in a chapter 11 or 13 case no later than the date when the last payment was made by the debtor as required by the plan or the filing of a motion for a discharge under § 1141(d)(5)(B) or § 1328(b) of the Code. The court may, at any time and in its discretion, enlarge the time to file the statement required by F.R.Bankr.P. 1007(b)(7). The debtor must file the statement required by F.R.Bankr.P. 1007(b)(8) no earlier than the date of the last payment made under the plan or the date of the filing of a motion for a discharge under §§ 1141(d)(5)(B), 1228(b), or 1328(b) of the Code. Lists, schedules, statements and other documents filed prior to the conversion of a case to another chapter will be deemed filed in the converted case unless the court directs otherwise. Except as provided in § 1116(3), any extension of time to file schedules, statements and other documents required under this rule may be granted only on motion for cause shown and on notice to the United States trustee, any committee elected under § 705 or appointed under § 1102 of the Code, trustee, examiner or other party as the court may direct. Notice of an extension must be given to the United States trustee and to any committee, trustee or other party as the court may direct.

(c) Time Limits For, and Notice To, Debtors Temporarily Excluded from Means Testing.

(1) An individual debtor who is temporarily excluded from means testing pursuant to § 707(b)(2)(D)(ii) of the Code must file any statement and calculations required by F.R.Bankr.P. 1007(b)(4) no later than 14 days after the expiration of the temporary exclusion if the expiration occurs within the time specified by F.R.Bankr.P. 1017(e) for filing a motion pursuant to § 707(b)(2).

(2) If the temporary exclusion from means testing under § 707(b)(2)(D)(ii) terminates due to the circumstances specified in subpart (c)(1) of this rule, and if the debtor has not previously filed a statement and calculations required by F.R.Bankr.P. 1007(b)(4), the clerk must promptly notify the debtor that the required statement and calculations must be filed within the time specified in subpart (c)(1) of this rule.