Local Rule RULE 1007-1: LISTS, SCHEDULES AND STATEMENTS
Bankr. E.D. Okla. — General rule
RULE 1007-1. LISTS, SCHEDULES AND STATEMENTS A.Corporate Ownership Statement. Any corporation, other than a governmental unit, that is a debtor shall file a statement that identifies all publicly held corporations, other than a governmental unit, that directly or indirectly own ten percent (10%) or more of any class of the corporation's equity interest, or states that there are no such entities to report. The corporate ownership statement shall be made in a separate pleading to be filed concurrently with the petition on Local Form 7007.1-1. A supplemental corporate ownership statement shall be filed promptly to reflect any change in the information that is required to be disclosed. This rule further requires that membership interests in limited liability companies and similar entities that fall under the definition of a corporation in Bankruptcy Code §101 also be included in the ownership statement.
B.Completing Forms. Each question or statement shall be answered completely with specific information on all petitions, statements, schedules, summaries, notices and exhibits. If not applicable, so state by denoting "N/A" or "None". The forms must comply substantially with the appropriate Official Forms. All schedules and statements shall be dated and signed by debtor, joint debtor and/or counsel.
C.Requirement to Obtain Consumer Credit Counseling Prior to Filing Bankruptcy.
1.Official Forms Required. Under 11 U.S.C. §§ 109(h) and 521(b), and Bankruptcy Rule 1007-I [Interim](b)(3), an individual debtor must complete Official form 101 Part5 Credit Counseling. (Each spouse must complete Part 5, if a joint petition is filed).
2.Failure to Comply with Credit Counseling Requirements.
a)Failure to complete Official Form 101, Part 5. If Part 5 is not completed, the petition will be considered nonconforming and the Clerk shall send a deficiency notice. The Clerk shall be directed to serve a notice of deadline to correct the deficiency. If the debtor fails to complete Part 5 by the deadline set in the notice, the case may be dismissed without further notice.
b)Failure to File Certificate. If Part 5 Box 2 is checked and a conforming credit counseling certificate is not filed within fourteen (14) calendar days from the date the petition is filed, the case may be dismissed without further notice.
c)Failure to Summarize Exigent Circumstances. If Part 5 Box 3 is checked and is not accompanied by a separate sheet summarizing exigent circumstances, the case may be dismissed without further notice.
d)Failure to File Motion. If Part 5 Box 4 is checked and is not accompanied by the required motion Local Form 1007-1(C)(2)(d) for determination by the Court the case may be dismissed without further notice.
D.Equity Security Holders List. The list of equity security holders in a Chapter 11 case required by Bankruptcy Rule 1007(a)(3) shall be filed in electronic format ("Equity Security Holders List") and shall be verified pursuant to Bankruptcy Rule 1008. See Local Form 1007-1(D).
E.Creditor List.
1.The list containing the name and address of each creditor required by Bankruptcy Rule 1007(a)(1) (the "Creditor List") shall be filed with the petition in every voluntary case. The official list of creditors for purposes of notice shall be maintained electronically on the CM/ECF System and may be obtained through the CM/ECF System. This list shall be called the creditor "Matrix".
2.The name and address of the Court, Judge, debtor, and debtor's counsel, if any, shall not be listed on the Creditor List. The debtor's ex-spouse, if a creditor, and all parties listed on Official Form 106H Schedule H- Your Codebtors should be included on the list.
3.The Creditor List shall be submitted to the clerk or filed in PDF. Pro se debtor may file the creditor list on paper, but the list should be typed and legible.
4.Each submission of a Creditor or Equity Security Holder List shall be accompanied by a Verification of Creditor List.
5.When a United States agency is listed as a creditor, the debtor shall also list the address for the United States Attorney for the Eastern District on the creditor list.
6.The United States Internal Revenue Service shall be listed on the creditor list in all Chapter 11 cases and all other cases where the Internal Revenue Service is a creditor, using the address for this region.
F.Amendment to Creditor List or Equity Security Holders List.
1.An "Amendment to" the Creditor List shall be made by filing a list containing the name and address of each creditor to be added to the list, or other amendment, accompanied by a Verification of Amendment to Creditor List, and shall be identified as an "Amendment to Creditor List."
2.An "Amendment to" the Equity Security Holders List shall be made by filing a list containing the name, address, and ownership interest of any additional security holder, or other amendment, and shall be identified as an "Amendment to Equity Security Holders List."
3.Filing an amended Creditor List or Equity Security Holders List is not permitted. See Local Rule 1009-1(A) and (D).
G.Pro Se Disclosure. An individual debtor or joint debtor who is not represented by an attorney shall file a "Pro Se Disclosure" on Local Form 1007-1(G) at the time a petition is filed. The Pro Se Disclosure form shall disclose information regarding any assistance received by the pro se debtor in connection with the preparation and filing of the bankruptcy petition and schedules and any compensation paid or promised to be paid therefor. If the debtor cannot fully complete the Pro Se Disclosure form at the time the petition is filed, the debtor shall complete the form as fully as possible and file it, and file an Amended Pro Se Disclosure form within seven (7) days. The form of "Pro Se Disclosure" shall be made available at the Clerk's Office and on the Court's website (www.okeb.uscourts.gov).
H.Payment Advices. Within fourteen (14) days of filing a bankruptcy petition, each individual debtor shall file a "Payment Advices Certification" in the form prescribed by Local Form 1007-1(H) together with copies of all payment advices or other evidence of payment (such as paycheck stubs, direct deposit statements, employer's statement of hours and earnings) received from the debtor's employer within sixty (60) days before the date the debtor filed his/her bankruptcy case. Failure to timely file the "Payment Advices Certification" shall constitute cause for dismissal of a bankruptcy case without further notice or hearing.
I.Summary of Schedules, Statistical Summary of Certain Liabilities and Exhibits. In addition to the time limits for filing certain documents set forth in Bankruptcy Rule 1007(c), in an individual voluntary case, the Official Form 106Sum Summary of Your Assets and Liabilities and Certain Statistical Information or in a Non-Individual voluntary case, the Official Form 206Sum Summary of Assets and Liabilities for Non-Individuals shall be filed with the petition, or within fourteen (14) days thereafter. In an involuntary case, the appropriate Official Form 106Sum or 206Sum shall be filed by the debtor within fourteen (14) days of the entry of the order for relief. In a chapter 11 non-individual case, Official Form 201A Attachment to Voluntary Petition for Non-Individuals filing for Bankruptcy Under Chapter 11 shall be filed with the petition.
J.Privacy. The debtor and debtor's counsel shall redact the following personal data identifiers from tax returns or transcripts, bank statements, payment advices, and other documents before filing such documents: all but the last four digits of the social security number; all names of minor children (use minors' initials); all but the last four digits of any bank, savings or similar account numbers; and birth date except for the year. The responsibility for redacting personal data identifiers rests solely with the debtor and debtor's counsel. The Clerk will not review documents for compliance with this rule, seal documents containing personal data identifiers without a Court order, or redact such information from documents, whether filed electronically or on paper.
1.No tax information that is correctly filed with the Bankruptcy Court or otherwise provided by the debtor will be available to the general public via the internet, Pacer or CM/ECF. In order for tax information to be electronically entered into a Court's CM/ECF system, the "tax information" event must be selected from the CM/ECF event list. In order to assure privacy protection, it is imperative that all filers utilize the "tax information" event, as this limits access to the filed tax information to those users who are judicial officers and Court employees. All other users will be limited to viewing a docket event on the docket report indicating that tax information has been filed, but these viewers will not be able to open and view that tax information.
2.It is the debtor's duty, when providing tax information, to redact personal information, as such information is subject to the Judicial Conference of the United States Policy on Privacy and Public Access to Electronic Case Files (JCUS Policy). In accordance with the JCUS Policy, the debtor should take the following steps to redact personal identifiers and any tax information filed with the Court or provided to the trustee or the creditors in either electronic or paper form:
a)Social Security numbers - If an individual's social security number is included, only the last four digits of that number should appear.
b)Names of Minor Children - If a minor child(ren) is/are identified by name, only the child(ren)'s initials should appear. Debtor may also list the child as son or daughter.
c)Dates of Birth - If an individual's date of birth is included, only the year should appear.
d)Financial Account Numbers - If financial account numbers are provided, only the last four digits of these numbers should appear.
Court employees are not responsible for redacting any of the personal identifying information. The responsibility for redacting personal identifiers rests solely with the debtor.
K.Statement About Your Social Security Numbers. An individual debtor who is not represented by an attorney should submit a Statement About Your Social Security Numbers on the appropriate Official Form 121 to the Clerk at the time of filing the petition. When a case is filed electronically by an attorney, the CM/ECF System will allow for the manual input of the full social Security Numbers, thereby negating the need for the original Statement About Your Social Security Number to be filed with the Court. The attorney of record shall maintain the original signed statement in accordance with Local Rule 9011-1 for a period of one (1) year after the case is closed.
L.Instrumentalities of the United States. Copies of the list of addresses of instrumentalities of the United States shall be made available by the Clerk upon request and are available on the Court's website (www.okeb.uscourts.gov).
M.Amendments to Add Property Acquired After the Commencement of the Case. The debtor shall within fourteen (14) days of acquiring or becoming entitled to acquire any interest in property, where such property or property right is acquired after the commencement of the case, file amendments to the appropriate schedules. This is a continuing duty and is limited to after acquired property as follows:
1.In a Chapter 7 case with respect to property acquired within one hundred eighty (180) days after the filing of the petition.
2.In a Chapter 11 case with respect to property acquired on or before the entry of an order confirming plan.
3.In a Chapter 12 or 13 case with respect to property acquired prior to the entry of an order discharging the debtor.