Local Rule 1007-1: LISTS, SCHEDULES AND STATEMENTS

RULE 1007-1 LISTS, SCHEDULES AND STATEMENTS

(A) Possible Dismissal of Case: In any case in which all required lists, schedules and statements are not filed at the time of the filing of a voluntary petition, the Clerk shall give notice to cure the deficiency. The Clerk's notice shall provide that the debtor either must (1) file the lists, schedules and statements or a motion to extend time for the same within 14 days after the filing of the petition, or (2) attend a hearing to explain why the case should not be dismissed, unless excused by the Court or the Court deems the deficiency cured and cancels the hearing.

(B) Extension of Time to File Lists, Schedules and Statements: A first motion to extend time for filing lists, schedules and statements may be granted by the Clerk to a date no later than 7 days prior to the initial scheduled meeting of creditors if the motion is filed before the initial due date to file the document(s) has expired and is accompanied by a proof of service evidencing notice to the United States trustee, any appointed trustee, any official committee appointed in the case and all creditors. If there are more than 30 creditors in the case, the debtor need only provide notice of the motion to extend time to the 10 largest secured creditors, the 20 largest unsecured creditors and any official committee appointed in the case. No response deadline is required for a first motion to extend time under this paragraph.

(C) Order Extending Time: The Clerk's order shall provide that the debtor either must (1) file the lists, schedules and statements or a further motion to extend time for the same by the date set forth therein; or (2) attend a hearing to explain why the case should not be dismissed, unless excused by the Court or the Court deems the deficiency cured and cancels the hearing.

(D) Objections -- Determination: If an objection is filed to a motion for extension of time filed pursuant to paragraph (B) of this Local Rule prior to the entry of an order by the Clerk, the Clerk shall submit the motion and objections to the Court for determination of the motion.

(E) Motions for Extension of Time Requiring a Hearing: Any motion for extension of time to file lists, schedules and statements to which paragraph (B) hereof does not apply must be scheduled for hearing in accordance with LBR 9013-1(H)(3) and notice must be given in accordance with LBR 9013-1(M)(2) to the parties set forth in paragraph (B) of this Local Bankruptcy Rule.

(F) Notice of Possible Dismissal: The Clerk shall give notice of this Local Bankruptcy Rule to a debtor or debtor's counsel who files a petition not accompanied by all required lists, schedules and statements. The Clerk shall also give notice of this Local Bankruptcy Rule in the meeting of creditors notice.

(G) List of Creditors Holding 20 Largest Unsecured Claims: To assist the United States trustee in appointing a creditors' committee, the list required by FRBP 1007(d) shall include the amount owed, by amount of debt ranging from the largest creditor to the smallest creditor. The list shall also include the name and telephone number of a contact person or representative of the unsecured creditor. If a minor child is one of the creditors holding the 20 largest unsecured claims, indicate that by stating "a minor child" and do not disclose the child's name.

(H) List of Creditors, Statement of Social Security Number, and Payment Advices or Other Evidence of Payment

(1) Filing: The debtor shall file with the petition a list containing the name and address of each creditor which shall serve as a mailing matrix; provided, however, nothing shall prevent the debtor from seeking court authority to file such list under seal to protect individuals against potential identity theft, or other cause. If not filed via the Electronic Case Files System, the mailing matrix shall be submitted in the format specified by the Clerk. The mailing matrix shall suffice for the list of creditors referred to in FRBP 1007(a). As required under FRBP 1007(f), the debtor shall submit a verified statement that sets out the debtor's social security number (statement of social security number), or states that the debtor does not have a social security number. If not filed via the Electronic Case Files System, the debtor shall submit the statement with the petition.

(2) Possible Dismissal of Case; Notice

(a) In any case in which the list of creditors is not filed at the time of the filing of the voluntary petition, the Clerk shall issue a notice that the debtor either must (i) file the same in the required format not later than 3 days after the filing of the petition; or (ii) attend a hearing to explain why the case should not be dismissed, unless excused by the Court or the Court deems the deficiency cured and cancels the hearing.

(b) In any case in which the statement of social security number in a voluntary case is not submitted at the time of the filing of the voluntary petition, the Clerk shall issue a notice that the debtor either must (i) submit the statement in the required format not later than 3 days after the filing of the petition; or (ii) attend a hearing to explain why the case should not be dismissed, unless excused by the Court or the Court deems the deficiency cured and cancels the hearing.

(3) Payment Advices or Other Evidence of Payment: Copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition by the debtor from an employer of the debtor shall:

(a) not be filed with the Court unless otherwise ordered and

(b) be provided to the trustee, and any creditor (who timely requests copies of the payment advices or other evidence of payment) at least 7 days before the date of the meeting of creditors conducted pursuant to 11 U.S.C. §341.

(I) Individual Debtor's Statement of Compliance with Credit Counseling Requirement

(1) Filing: A debtor who is an individual shall complete Part 5 of Official Form 101, "Explain Your Efforts to Receive a Briefing About Credit Counseling," and file with the voluntary petition any documents, as specified therein, within the allotted time.

(2) Possible Dismissal of Case; Notice: In any case in which a properly completed statement of compliance referenced in paragraph (I)(1) of this Local Bankruptcy Rule, together with attached documents as specified therein, is not filed at the time of the filing of the voluntary petition, the Clerk shall issue a notice that the debtor either must (a) file the same not later than 3 days after the filing of the petition; or (b) attend a hearing to explain why the case should not be dismissed, unless excused by the Court or the Court deems the deficiency cured and cancels the hearing. Unless the Court orders otherwise, if the debtor has filed a statement under FRBP 1007(b)(3)(B), but does not file the documents required by FRBP 1007(b)(3)(A), the Clerk shall issue a notice that the debtor either must (a) file the same within 14 days of the order for relief; or (b) attend a hearing to explain why the case should not be dismissed, unless excused by the Court or the Court deems the deficiency cured and cancels the hearing. The Clerk shall give notice of this Local Bankruptcy Rule to the debtor or debtor's counsel who files a petition not accompanied by the required statement of compliance with credit counseling requirement referenced in paragraph (I)(1) of this Local Bankruptcy Rule.

(J) Chapter 13 Debtor's Statement of Completion of Instructional Course Concerning Personal Financial Management: Pursuant to FRBP 9006(b), and as governed by FRBP 1007(c), the time to file the chapter 13 debtor(s) certificate of course completion (often called a "Certificate of Debtor Education) shall be deemed enlarged, and the chapter 13 debtor(s), unless the Court has been notified by an approved provider of a course concerning personal financial management that the chapter 13 debtor(s) has completed the course pursuant to FRBP 1007(b)(7), shall file the certificate of course completion within the time specified in LBR 4008-2(A) for filing the Debtor(s) Certification of Compliance with 11 U.S.C. §1328.

Comments 1007-1(A) This change is necessary because of the addition of LBR 1017-3. [Change effective 2/1/00.]

1007-1(I) This new rule is to implement the procedure approved by the Judges at their November 1997 meeting requiring the submission of the List of Creditors by diskette beginning January 1, 1999. This speeds up the case opening process and reduces overall creditor related errors. For more information on the required procedure, refer to the attached Exhibits 5, 6, and 7. Exhibits 6 (Creditor Matrix Diskette - Cover Sheet for List of Creditors) and 7 (Request for Waiver to File Conventionally) were deleted as exhibits. These forms are available at the Court's Internet web site http://www.vaeb.uscourts.gov. The former Exhibits 6 and 7 are in Adobe Acrobat format. [Change effective 3/1/01.] [Updated Comment effective 12/22/20.]

1007-1(I)(2)-(3) The rule provisions have been changed to clarify the time within which the petition filer has to cure a deficiency in the list of creditors. [Change effective 4/1/03.]

1007-1 Selected text from former Interim Procedure 1007-1(A), (C), (E) and (F) have been incorporated into LBR 1007-1(A), (C), (E) and (F). LBR 1007-1(G) is repealed. Selected text from Interim Procedure 1007-1 (H) is incorporated into new LBR 1007-1(G). Interim Procedure 1007-1(I) is incorporated into new LBR 1007-1(I). The term "time" has been deleted and the term "date" inserted in lieu thereof into LBR 1007-1(H)(4)(b). Selected text from Interim Procedure 1007-1(J)(1) and (4) has been incorporated into LBR 1007-1(I)(1) and (2), respectively. In addition, time-computation adjustments have been made, as needed, to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Changes effective 12/01/09.]

1007-1(J) Paragraph (J) is new and makes the time to file the Chapter 13 Debtor's Statement of Completion of Instructional Course Concerning Personal Financial Management the same as that specified in LBR 4008-2(A). [New paragraph (J) effective 09/03/13.]

1007-1(I) This change is necessary because of the amendment to FRBP 1007, which creates a new subdivision (f) effective December 1, 2003. [Change effective 12/1/03.]

1007-1(I) (1) The reference to Exhibit D and that form's title have been removed since the exhibit has been eliminated. The requested information now is asked in Part 5 of a new Official Form 101, which is applicable to individual debtors. Other information is provided in the form as well. [Changes effective 12/1/15.]

1007-1(J) This change clarifies that that an approved provider of a course concerning personal financial management may notify the Court that the chapter 13 debtor(s) has completed the requisite course as provided for in FRBP 1007(b)(7). Reference is made to new Official Form 423, which supersedes Official Form 23. The new form is reformatted with additional changes made as well. [Change effective 12/1/15.]

1007-1(A), (C), (H)(2) and (3) and (I)(2) These rule provisions are amended as a result of the holding in No v. Gorman, 891 F.3d 138 (4th Cir. 2018). Rule 1007-1(H)(1) and (3) also has been amended to update the identified media that should be used to provide the referenced documents to the Clerk. [Changes effective 11/15/19.]

1007-1(H)(1) This change provides that if the mailing matrix is to be filed rather than maintained by a Claims Agent, it may be filed under seal to protect against identity theft. [Change effective 2/15/22.]

1007-1(A), (C), (H), (I) These rules are amended to remove language concerning the filing of a response; and to permit the Court to either excuse a debtor from the deficiency hearing or to cancel the hearing if appropriate in the event of an untimely cured deficiency. A stylistic change has been made to paragraph (A) as well. [Changes effective 08/01/23.]

1007-1(B) These amendments incorporate, from paragraph (C) of the current rule, the extension the Clerk is authorized to grant as a matter of course for filing lists, schedules and statements, provided the motion is filed prior to the initial due date for such documents. The rule is also amended to indicate that the extension date is calculated relative to the initial scheduled meeting of creditors. The rule is further amended to clarify that no notice period need be given for a first motion to extend time, so long as the motion otherwise meets the paragraph's requirements, to align with simultaneous changes to Rules 1007-3, 3015-2 and 9013-1. [Changes effective 08/01/23.]

1007-1(D) This rule is amended to reference paragraph (B) of the rule. [Change effective 08/01/23.]

1007-1(E) These amendments clarify that a hearing is required on a motion to which Rule 1007-1(B) does not apply and the responsibility of the movant to schedule and give notice of such hearing in accordance with Rule 9013-1. [Changes effective 08/01/23.]

1007-1(J) FRBP 1007 (and associated rules with conforming amendments) abrogates Official Form 423 and makes filing the financial management course certificate itself the exclusive means of proof of taking the course. For this reason, technical conforming changes are made to the Rule's Paragraph (J). [Changes effective 12/1/24.]

1007-1(H)(1) This rule was amended to remove language pertaining to flash drives as the delivery method of the Credit Matrix file. (H)(3) was repealed. [Change effective 7/16/25.]