Local Rule RULE 4002-1: DEBTOR – DUTIES

RULE 4002-1. DEBTOR – DUTIES A.Failure to Appear at Meeting of Creditors. In a joint case when only one debtor spouse appears at the meeting of creditors, the non-appearing debtor may be dismissed from the case pursuant to a motion under Bankruptcy Rules 1017 and 2002(a).

B.Duty to Provide Information about Domestic Support Obligations in Cases Under Chapters 7, 11, 12 and 13. Within fourteen (14) days after the filing of the schedules and statements or fourteen (14) days after establishment of a domestic support obligation under Bankruptcy Rule 1007(b)(1), an individual debtor in a case under Chapter 7, 11, or 13 shall provide to the trustee on Local Form 4002-1(B) the following information regarding any domestic support obligations (as defined in 11 U.S.C. § 101(14A)): (1) the name, address and telephone number of all domestic support obligation claimants and (2) the current name and address of the debtor's employer until case is closed. The debtor shall notify the trustee of any changes in such information, including any new domestic support obligations, until the case is closed.

C.Filing of, and Access to, Income Tax Returns. A party in interest may file and serve upon the debtor and debtor's counsel a request, pursuant to 11 U.S.C. § 521(f), that an individual debtor in a case pending under Chapter 7, 11 or 13, file with the Clerk the debtor's federal income tax returns. Within seven (7) days of the filing of the request, the debtor shall redact personal data identifiers, as specifically set forth in Local Rule 1007-I [Interim]-1(J), and file such tax returns as a secure event in accordance with CM/ECF Administrative Guide. A party in interest seeking access to a debtor's tax information 11 U.S.C. § 521(g)(2) shall file a motion that includes: (i) a description of the movant's status in the case, to allow the Court to ascertain whether the movant may properly be given access to the requested tax information; (ii) a description of the specific tax information sought; (iii) a statement indicating that the information cannot be obtained by the movant from any other source; and (iv) a statement showing a demonstrated need for the tax information.

The movant must provide a copy of the motion filed with the Court to the debtor and debtor's counsel, the trustee and the United States Trustee. Further, the movant shall follow the motion practice in the Eastern District of Oklahoma, as outlined in the Administrative Procedures, wherein notice is provided by the movant, outlining the right to file an objection and scheduling the matter for a hearing. If the motion is granted, the requesting party shall pay the appropriate copying fees and provide to the Clerk a stamped, self-addressed envelope or retrieve the permitted tax information in person from the Clerk.

The movant will not be required to prepare an order, as this will be a Court produced order either granting or denying the motion. Any order granting the motion for access to tax information, shall include language advising the movant that the tax information obtained is confidential and should condition dissemination of the tax information as appropriate under the circumstances of the particular case. TAX INFORMATION OBTAINED BY A PARTY IN INTEREST SHALL BE TREATED AS CONFIDENTIAL. SANCTIONS MAY BE IMPOSED FOR IMPROPER USE, DISCLOSURE OR DISSEMINATION OF SUCH TAX INFORMATION.

If the Court grants the motion to allow the movant to obtain access to the tax information, the Court shall either mail a hard copy of the tax information to the movant, or allow the movant to view the tax information at the Clerk's office as further ordered by this Court.

D.The debtors shall provide the trustee at least seven (7) days prior to the first date set for the first meeting of creditors a copy of the most recently filed tax return if such return was filed for a tax year ending within four years prior to the filing of the case. If the debtor has not filed a tax return for any of the four years prior to the filing of the case, then the debtor shall advise the trustee at or before the conclusion of the first meeting of creditors whether, in the debtor's opinion, the debtor was not required to file a return for any of said four tax years. If the debtor does not provide the trustee with a copy of the tax return for the most recent tax year because the return was not due under applicable non-bankruptcy law as of the date it was to be provided to the trustee, then the trustee shall announce on the record at the §341 meeting whether the trustee desires the debtor to provide said tax return when it is filed and further, whether the trustee is holding the meeting of creditors open for the purpose of allowing the debtor to provide said return to the trustee. If the trustee holds the meeting of creditors open, then the trustee should announce the date of the continued meeting of creditors.

E.In a Chapter 13 case, the debtors shall file all tax returns that they are required to file for any tax period ending during the four-year period ending on the date of the filing of the petition even if said return is not yet due under applicable non-bankruptcy law as of the day before the first date set for the meeting of creditors. If the debtor has not, and cannot reasonably file any tax return by said date, then the debtor must advise the trustee by the day before the date set for the first meeting of creditors and request the trustee hold the meeting of creditors open in order to allow the debtor to file any such unfiled return or report. The Chapter 13 trustee shall announce at the first meeting of creditors if the trustee is holding the meeting open for the debtor to file any such unfiled return or report and shall announce the date of the continued meeting of creditors.

F.Debtor's Duties to Cooperate With Trustee. The debtors shall cooperate with the trustee and shall promptly respond to all requests for documentation. If the debtor does not believe that the debtor is required to provide any document or documents requested by the trustee, then the debtor must request an Order of the Court to excuse compliance with the trustee's request.

G.Chapter 11 and Chapter 12 Status and Scheduling Conference. A Status and Scheduling Conference shall be set and conducted in all Chapter 11 and Chapter 12 cases. The conference shall be noticed and conducted by the Court. The DIP and counsel for the DIP shall appear at the conference prepared to answer inquiries concerning the status of the case and anticipated plans for reorganization. After the mailing of the §341 meeting notice by the Court, the DIP will be responsible for the mailing of all subsequent notices and reports to interested parties unless otherwise ordered by the Court.