Local Rule L.R. 1002: Case Commencement.
Bankr. E.D. Mo. — General rule
L.R. 1002 - Case Commencement. A. Declination of Filing. The Clerk of Court will decline to accept for filing, and the Court will promptly dismiss any case if: 1. the voluntary petition is not signed by the debtor, or the involuntary petition is not signed by the petitioning creditors; 2. the filing fee is neither paid nor provided for by an Application to Have the Chapter 7 Filing Fee Waived or an Application to Pay Filing Fee in Installments, as applicable; 3. An unrepresented party presenting a bankruptcy petition or documents relating to the petition for filing at the intake counter does not produce and allow the Clerk of Court to scan or copy their current and legible government-issued photo identification; or a person acting on behalf of an unrepresented party presenting a bankruptcy petition or documents relating to the petition for filing at the intake counter does not produce and allow the Clerk of Court to scan or copy their current and legible government-issued photo identification along with providing a copy of the filers' current and legible government-issued photo identification.
B. Chapter 7 Cases. The following documents are required to be filed to commence a voluntary Chapter 7 case and should be arranged in the following order. All documents listed are due with the petition unless otherwise specified. 1. Voluntary Petition (Official Form B 101 for individuals or B 201 for non-individuals) 2. Summary of Assets and Liabilities (includes Certain Statistical Information for non-individuals) (Official Form B 106Sum for individuals or B 206Sum for non-individuals) (due within 14 days) 3. Schedules (Official Forms 106 series for individuals or B 206 series for non-individuals) (due within fourteen (14) days) 4. Declaration About an Individual Debtor's Schedules (Official Form B 106Dec) (individuals only) (due within fourteen (14) days) 5. Declaration Under Penalty of Perjury for Non-Individual Debtors (Official Form B 202) (non-individuals only) (due within fourteen (14) days) 6. Statement of Financial Affairs (Official Form B 107 for individuals or B 207 for non-individuals) (due within fourteen (14) days) 7. Statement of Corporate Ownership (Fed. R. Bankr. P. 1007(a)(1)) (corporate cases only) (due within fourteen (14) days) 8. Attorney Compensation Disclosure (Official Form B 2030) (Fed. R. Bankr. P. 2016(b)) (due within fourteen (14) days) 9. Matrix and Verification of Creditor Matrix (Local Form 2) 10. Credit Counseling Certificate or a Motion for Exemption (Bankruptcy Code §§ 109(h) and 521(b)) (individuals only) (due immediately unless Petition item #15 indicates that the Credit Counseling Certificate will be filed within fourteen (14) days) 11. Means Test Form/Statement of Current Monthly Income (Official Form B 122 A-1, and, if necessary, B 122 A-1Supp and/or B 122 A-2) (individuals only) (due within fourteen (14) days) 12. Filing Fee, Application to Pay Filing Fee in Installments, or Application to Have the Chapter 7 Filing Fee Waived. Only individuals may pay in installments or file an Application to Have the Chapter 7 Filing Fee Waived. 13. Bankruptcy Petition Preparer's Notice, Declaration, and Signature (Official Form B 119) (individuals only) 14. Disclosure of Compensation of Bankruptcy Petition Preparer (Official Form B 2800) (Fed. R. Bankr. P. 2016(c)) (due with the petition) 15. Statement About Your Social Security Numbers (Official Form B 121) (individuals only) (due with the petition)
C. Chapter 11 Cases. The following documents are required to be filed to commence a voluntary Chapter 11 case and should be arranged in the following order. All documents listed are due with the petition unless otherwise specified. 1. Voluntary Petition (Official Form B 101 for individuals, B 201 for non-individuals) 2. Attachment to Voluntary Petition for Non-Individuals Filing for Bankruptcy Under Chapter 11 (Official Form B 201 A) (corporate Chapter 11 debtors that are publicly held) (due within seven (7) days) 3. List of Creditors Holding 20 Largest Unsecured Claims (Official Form B 104 for individuals, B 204 for non-individuals) 4. Summary of Assets and Liabilities (includes Certain Statistical Information for non-individuals) (Official Form B 106Sum for individuals or B 206Sum for non-individuals) (due within fourteen (14) days) 5. Schedules (Official Forms B 106 series for individuals or B 206 series for non-individuals) (due within fourteen (14) days) 6. Declaration About an Individual Debtor's Schedules (Official Form B 106Dec) (individuals only) (due within fourteen (14) days) 7. Declaration Under Penalty of Perjury for Non-Individual Debtors (Official Form B 202) (non-individuals only) (due within fourteen (14) days) 8. Statement of Financial Affairs (Official Form B 107 for individuals or B 207 for non-individuals) (due within fourteen (14) days) 9. Statement of Corporate Ownership (Fed. R. Bankr. P. 1007(a)(1)) (corporate cases only) (due within fourteen (14) days) 10. Attorney Compensation Disclosure (Official Form B 2030) (Fed. R. Bankr. P. 2016(b)) (due within fourteen (14) days) 11. Matrix and Verification of Creditor Matrix (Local Form 2) 12. Credit Counseling Certificate or a Motion for Exemption (Bankruptcy Code §§ 109(h) and 521(b)) (individuals only) (due immediately unless Petition item #15 indicates that the Credit Counseling Certificate will be filed within fourteen (14) days) 13. Statement of Your Current Monthly Income (Official Form B 122 B) (individual cases only) (due within fourteen (14) days) 14. Filing Fee or Application to Pay Filing Fee in Installments. Only individuals may pay in installments. 15. Bankruptcy Petition Preparer's Notice, Declaration, and Signature (Official Form B 119) (individuals only) 16. Disclosure of Compensation of Bankruptcy Petition Preparer (Official Form B 2800) (Fed. R. Bankr. P. 2016(c)) (individuals only) (due with the petition) 17. Statement About Your Social Security Numbers (Official Form B 121) (individuals only) (due with petition) 18. Chapter 11 Small Business Requirements. (Bankruptcy Code § 1116(1)) a. Balance Sheet b. Statement of Operations c. Cash-Flow Statement; and d. Federal Income Tax Returns; or e. Statement under penalty of perjury that no Balance Sheet, Statement of Operations, and/or Cash Flow Statement has been prepared and/or no Federal tax return has been filed D. Chapter 12 Cases. The following documents are required to be filed to commence a Chapter 12 case and should be arranged in the following order. All documents listed are due with the petition unless otherwise specified. 1. Voluntary Petition (Official Form B 101 for individuals or B 201 for non-individuals) 2. Summary of Assets and Liabilities (includes Certain Statistical Information for non-individuals) (Official Form B 106Sum for individuals or B 206Sum for non-individuals) (due within fourteen (14) days) 3. Schedules (Official Forms 106 series for individuals or B 206 series for non-individuals) (due within fourteen (14) days) 4. Declaration About an Individual Debtor's Schedules (Official Form B 106Dec) (individuals only) (due within fourteen (14) days) 5. Declaration Under Penalty of Perjury for Non-Individual Debtors (Official Form B 202) (non-individuals only) (due within fourteen (14) days) 6. Statement of Financial Affairs (Official Form B107 for individuals or B207 for non-individuals) (due within fourteen (14) days) 7. Chapter 12 Plan (due within ninety (90) days) 8. Statement of Corporate Ownership (Fed. R. Bankr. P. 1007(a)(1)) (corporate cases only) (due within fourteen (14) days) 9. Attorney Compensation Disclosure (Official Form B 2030) (Fed. R. Bankr. P. 2016(b)) (due within fourteen (14) days) 10. Matrix and Verification of Creditor Matrix (Local Form 2) 11. Credit Counseling Certificate or a Motion for Exemption (Bankruptcy Code §§ 109(h) and 521(b)) (individuals only) (due immediately unless Petition item #15 indicates that the Credit Counseling Certificate will be filed within fourteen (14) days) 12. Filing Fee or Application to Pay Filing Fee in Installments. Only individuals may pay in installments. 13. Bankruptcy Petition Preparer's Notice, Declaration, and Signature (Official Form B 119) (individuals only) 14. Disclosure of Compensation of Bankruptcy Petition Preparer (Official Form B 2800) (Fed. R. Bankr. P. 2016(c)) (individuals only) (due with the petition) 15. Statement About Your Social Security Numbers (Official Form B 121) (individuals only) (due with the petition)
E. Chapter 13 Cases. The following documents are required to be filed to commence a Chapter 13 case and should be arranged in the following order. All documents listed are due with the petition unless otherwise specified. 1. Voluntary Petition (Official Form B 101) 2. Summary of Your Assets and Liabilities and Certain Statistical Information (Official Form B 106Sum) (due within fourteen (14) days) 3. Schedules (Official Forms B 106 series) (due within fourteen (14) days) 4. Declaration About an Individual Debtor's Schedules (Official Form B 106Dec) (due within fourteen (14) days) 5. Statement of Financial Affairs (Official Form B 107) (due within fourteen (14) days) 6. Chapter 13 Plan (Local Form 13) (due within fourteen (14) days) 7. Attorney Compensation Disclosure (Official Form B 2030) (Fed. R. Bankr. P. 2016(b)) (due within fourteen (14) days) 8. Chapter 13 Attorney Fee Election Form (CM/ECF Virtual Event - no document needs to be uploaded) (due within fourteen (14) days) 9. Matrix and Verification of Creditor Matrix (Local Form 2) 10. Credit Counseling Certificate or a Motion for Exemption (Bankruptcy Code §§ 109(h) and 521(b)) (due immediately unless Petition item #15 indicates that the Credit Counseling Certificate will be filed within fourteen (14) days) 11. Statement of Current Monthly Income and Disposable Income Calculation Form (Official Form B 122 C-1, and, if necessary, B 122 C-2) (due within fourteen (14) days) 12. Filing Fee or Application to Pay Filing Fee In Installments 13. Bankruptcy Petition Preparer's Notice, Declaration, and Signature (Official Form B 119) (individuals only) 14. Disclosure of Compensation of Bankruptcy Petition Preparer (Official Form B 2800) (Fed. R. Bankr. P. 2016(c)) (individuals only) (due with the petition) 15. Statement About Your Social Security Numbers (Official Form B 121) (due with petition)
F. Filing Fees. Reference the Court's web site at http://www.moeb.uscourts.gov/filing-fees for filing fees required to commence a bankruptcy case.
G. Order and Notice of Documents Due. The Court sends an Order and Notice of Documents Due when a petition is filed without all of the required documents or when other filing deficiencies are noted. Failure to cure the deficiency(ies) by filing the missing documents or correcting any other deficiency(ies) stated on the Order and Notice of Documents Due within the time stated therein will result in the prompt dismissal or reconversion of the case unless a motion to extend time for filing has been granted or is pending. The Court will not condone serial filing of motions to extend time simply for the purpose of staving off dismissal.
H. Service of Amended Petition. Should there be cause for the debtor to file an Amended Petition, the Amended Petition must be served upon all creditors and parties to the case.