Local Rule LOCAL RULE 1002-1: PETITION – GENERAL
Bankr. M.D.N.C. — General rule
LOCAL RULE 1002-1 PETITION – GENERAL
(a) Automatic Dismissal Without a Hearing.
A petition will be dismissed without a hearing if the petition is filed by a person who, under an order of the court, may not be a debtor at the time of filing.
(b) Dismissal after Notice and an Opportunity for Hearing.
A petition may be dismissed after notice and an opportunity for hearing if:
(1) the petition is not signed by the debtor(s);
(2) the debtor does not: (i) pay the filing fee; (ii) file an application to pay the filing fee in installments (Official Form 103A); or (iii) in a case under chapter 7, file an application to have the chapter 7 filing fee waived (Official Form 103B);
(3) the debtor does not file the list required under Rule 1007(a) of the Federal Rules of Bankruptcy Procedure with the petition;
(4) a debtor in a chapter 11 case does not file the list of 20 largest unsecured creditors (Official Form 104 for an individual debtor or Official Form 204 for a non-individual debtor) with the petition;
(5) an individual debtor does not separately file a statement about the debtor's Social Security number (Official Form 121) contemporaneously with the petition; or
(6) the debtor is not an individual and is not represented by an attorney admitted to practice before the court in accordance with Local Rule 2090-1.
(c) Petition Authorized by a Power of Attorney, Guardianship Order, or Similar Document.
When a petition is signed by a person acting under the authority of a power of attorney, guardianship order, or other document authorizing the person to file a petition on the debtor's behalf, a copy of the document must be filed with the petition.