Local Rule 1007-1: LISTS, SCHEDULES AND STATEMENTS; TIME LIMITS
Bankr. E.D.N.C. — General rule
Rule 1007-1 LISTS, SCHEDULES AND STATEMENTS; TIME LIMITS
(a) ITEMS REQUIRED AT COMMENCEMENT OR WITHIN 5 DAYS THEREAFTER. In all cases, the following schedules and statements shall be filed within 5 days after the commencement of the case: 1. CERTIFICATE OF THE CREDIT COUNSELING AGENCY (pursuant to 11 U.S.C. § 109(h)(1), or as otherwise allowed by statute, individual cases only) 2. Part 5 of Form 101- Individual Debtor's Statement of Compliance with Credit Counseling Requirement 3. FILING FEE/MOTION FOR WAIVER OF FILING FEE OR TO PAY FILING FEE IN INSTALLMENTS 4. YOUR STATEMENT ABOUT YOUR SOCIAL SECURITY NUMBERS 5. MAILING MATRIX 6. VERIFICATION OF CREDITOR MATRIX 7. THE LIST OF CREDITORS WHO HAVE THE 20 LARGEST UNSECURED CLAIMS AGAINST YOU WHO ARE NOT INSIDERS (Chapter 11 only)
(b) FAILURE TO FILE ITEMS REQUIRED AT COMMENCEMENT OR WITHIN 5 DAYS THEREAFTER. In those cases where all of the preceding schedules and statements listed in section (a) are not filed by the 5th day after the date of the filing of the petition, the clerk shall set the matter for a show cause hearing, which may result in the dismissal of the case.
(c) SCHEDULES AND STATEMENTS REQUIRED AT COMMENCEMENT OR WITHIN 14 DAYS THEREAFTER. Upon the filing of an accelerated case, when the schedules and statements are not filed with the voluntary petition, the following schedules and statements shall be filed within 14 days after the commencement of the filing of the petition.
(1) A SUMMARY OF YOUR ASSETS AND LIABILITIES AND CERTAIN STATISTICAL INFORMATION (INDIVIDUAL)/A SUMMARY OF YOUR ASSETS AND LIABILITIES (NON-INDIVIDUAL)
(2) DECLARATION ABOUT AN INDIVIDUAL DEBTOR'S SCHEDULES/DECLARATION UNDER PENALTY OF PERJURY FOR NON-INDIVIDUAL DEBTORS
(3) SCHEDULES: Schedule A/B Schedule H Schedule D Schedule I (individuals only) Schedule E/F Schedule J (individuals only) Schedule G Schedule J-2 (if applicable)
(4) STATEMENTS Statement of Financial Affairs for Individuals Filing for Bankruptcy (Individual) Statement of Financial Affairs for Non-Individuals Filing for Bankruptcy (Non-Individual) Statement of Current Monthly Income (individuals only)
(A) Form 122A-1 Chapter 7 Statement of Your Current Monthly Income
(B) Form 122A-1Supp Statement of Exemption from Presumption of Abuse under § 707(b)(2) (if applicable)
(C) Form 122A-2 Chapter 7 Means Test Calculation (if applicable)
(D) Form 122C-1 Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period
(E) Form 122C-2 Chapter 13 Calculation of Your Disposable Income (if applicable)
(F) Form 122B Chapter 11 Statement of Your Current Monthly Income
(5) Certification of attorney or bankruptcy petition preparer, if applicable, pursuant to 11 U.S.C. § 521(a)(1)(B)(iii)(I).
(d) FAILURE TO FILE ITEMS REQUIRED AT COMMENCEMENT OR WITHIN 14 DAYS THEREAFTER IN ALL INDIVIDUAL CASES. In those cases where all of the preceding schedules and statements listed in section (c), with the exception of (c)(4)(F), are not filed by the 45th day after the date of the filing of the petition, the case shall be automatically dismissed effective on the 46th day after the date of the filing of the petition pursuant to 11 U.S.C. § 521(i)(1), unless the time for filing is extended under 11 U.S.C. § 521(i)(3).
(e) A debtor is not required to file copies of payment advices or other evidence of payment with the court. A chapter 7 debtor(s) shall provide copies of payment advices or other evidence of payment to the bankruptcy administrator within 14 days after the date of the filing of the petition pursuant to Local Rule 4002-1(b)(2).
(f) IDENTIFICATION OF VALUATION METHOD. If a value is stated for property listed in Schedule A/B of Official Form 106, the method of valuation used shall be identified. NOTE Bankruptcy Code section 521(a)(1)(B)(iv) and Rule 1007(b)(1)(E) of the Federal Rules of Bankruptcy Procedure requires debtors to file copies of payment advices or other evidence of payment "unless the court orders otherwise." The court has determined that payment advices and other evidence of payment should not be filed with the court and, in essence, thereby orders otherwise. Local Rule 4002-1(b)(2) addresses the duty of chapter 7 debtors to provide payment advices to the bankruptcy administrator.