Local Rule 1007-3: STATEMENT OF INTENTION

RULE 1007-3 STATEMENT OF INTENTION

(A) Possible Dismissal of Case; Notice: Except as provided in 11 U.S.C. § 521(a)(2)(A), the Clerk shall monitor the filing of a Statement of Intention. If the Statement of Intention is not filed with the chapter 7 voluntary petition, the Clerk shall issue a notice that the debtor either must (1) file the Statement of Intention or a motion to extend the time for filing the same within 30 days after the filing of the petition, or on or before the date of the meeting of creditors, whichever is earlier; 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 Statement of Intention: A first motion to extend time for filing a Statement of Intention may be granted by the Clerk to a date no later than 14 days after the initial scheduled meeting of creditors if the motion is filed before the initial due date to file the Statement of Intention has expired and is accompanied by proof of service evidencing service on the United States trustee, any appointed trustee, and all affected secured creditors. 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 Statement of Intention 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) Motions for Extension of Time Requiring a Hearing: Any motion for extension of time to file the Statement of Intention 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.

(E) 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 unaccompanied by the Statement of Intention.

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

1007-3 LBR 1007-3(A), (B) and (F) are repealed. LBR 1007-3(C), (D), (E), (G) and (H) are re-designated LBR 1007-3(A), (B), (C), (D) and (E), respectively. The LBR citation at new (D) is deleted and the citation to the noted title 11 provision is inserted. 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 LBR text as well. [Repeals and changes effective 12/01/09.]

1007-3(A) and (C). These rule provisions are amended as a result of the holding in No v. Gorman, 891 F.3d 138 (4th Cir. 2018). [Changes effective 11/15/19.]

1007-3(A), (C) These rules are amended to remove language concerning the filing of a response; and to permit the Court to either excuse a debtor from a 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 (C) as well. [Changes effective 08/01/23.]

1007-3(B) These amendments incorporate, from LBR 1007-3(C), the extension the Clerk is authorized to grant as a matter of course for filing the Statement of Intention, provided the motion is filed prior to the document's initial due date. 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 the rule with simultaneous changes to Rules 1007-1, 3015-2 and 9013-1. [Changes effective 08/01/23.]

1007-3(D) The amendments to this paragraph clarify that a hearing is required on a motion to which LBR 1007-3(B) does not apply and the responsibility of the movant to schedule and give notice of such hearing in accordance with Rule 9013-1. The rule is further amended to clarify to whom notice must be sent. [Changes effective 08/01/23.]