Local Rule Rule 1007-1: Lists, Schedules, and Statements

Rule 1007-1 Lists, Schedules, and Statements

(a) Returned File-Stamped Copy If a paper-filer requests the return of a file-stamped copy of a document, the paper-filer must include the additional copy together with a self-addressed, stamped envelope for the return of the copy with the filing.

(b) Schedules of Creditors In each schedule of creditors, the creditors' names shall be listed, with the complete post office address of each creditor, including post office box or street address, city or town, state, and ZIP Code. If the individual verifying the schedule knows that the claim has been assigned or that the claim has been referred to an attorney or other agent for collection, that fact shall be stated immediately following the name of the original creditor, and the complete names and addresses of both the original creditor and the assignee or agent shall be set forth, but without duplicating the dollar amount of the debt.

(c) Real Estate Descriptions All real estate included in a debtor's schedules or statements should be listed by legal description as to each parcel, together with the street address, or some other commonly used description of the location of the property. In Schedule A/B, each parcel of real estate shall be separately numbered, e.g. "Parcel 1," "Parcel 2."

(d) Extensions of Time A motion seeking an extension of time in which to file schedules, statements, or lists will be considered by the Court ex parte. The motion must be served on the United States Trustee. The Court will not grant an extension beyond the first date set for the meeting of creditors.

(e) Summary of Schedules All petitions filed with schedules, all subsequently filed original schedules, and all amended schedules filed, regardless of chapter, shall include the Summary of Your Assets and Liabilities and Certain Statistical Information (Official Form 106Sum or 206Sum).

(g) Failure to Provide Federal Income Tax Return

(1) Individual debtors who are unable to fulfill their obligations under 11 U.S.C. § 521(e)(2)(A)(i) shall file with the Court, not later than 7 days prior to the first date set for the meeting of creditors, a Motion for Exception from Dismissal. This motion shall include a detailed explanation why the debtor(s) are unable to provide the requisite federal tax returns to the trustee as required under the Bankruptcy Code.

(2) A Motion to Dismiss pursuant to § 521(e)(2)(A)(i) filed by the case trustee not earlier than 6 days prior to the first date set for the meeting of creditors, shall be granted by Order of this Court, without further notice and hearing, if the debtor(s) fail to take such action as identified in Local Rule 1007-1 (g)(1). Trustees filing a Motion to Dismiss pursuant to § 521(e)(2)(A)(i) shall provide notice of said motion to the debtor and the United States Trustee.

(3) Cases in which the trustee files a Motion to Dismiss pursuant to § 521(e)(2)(A)(i) and in which a Motion for Exception from Dismissal has been timely filed by the debtor pursuant to this rule shall be set for telephonic hearing.

(4) Cases in which a creditor files a Motion to Dismiss pursuant to § 521(e)(2)(A)(ii) shall be set for telephonic hearing.