Local Rule RULE 1007-1: STATEMENT ABOUT SOCIAL SECURITY NUMBERS, PAYMENT ADVICES AND FINANCIAL MANAGEMENT CERTIFICATE
Bankr. N.D.N.Y. — General rule
RULE 1007-1 STATEMENT ABOUT SOCIAL SECURITY NUMBERS, PAYMENT ADVICES AND FINANCIAL MANAGEMENT CERTIFICATE
(a) Verified Statement About Debtor's Social Security Number. Fed. R. Bankr. P. 1007(f) requires the debtor to submit a verified statement (Official Form B121) that sets forth the debtor's full social security number, or states the debtor does not have a social security number.
(1) Debtor Has a Social Security Number. The completed Form B121 signed by the debtor is not filed in the case and does not become part of the Court record or the public record. The completed Form B121 shall be retained by the debtor's attorney for two (2) years in accordance with LBR 9011-3(e).
(2) Debtor Does Not Have a Social Security Number. The debtor shall verify that he or she does not have a social security number by checking the appropriate box in Part 2 of Form B121. The completed Form B121 should be filed as a separate event in CM/ECF. It should not be filed as part of the petition. To file Form B121 use the following string of event codes: Bankruptcy > Other > Statement of No Social Security Number.
(b) Submission with Petition Filed in Paper Format. When a petition is filed in paper format, the debtor is required to submit the original signed Form B121 contemporaneously with the filing of the petition.
(c) Amendment of Social Security Number. If a petition is filed with an incorrect social security number, debtor's counsel shall immediately:
(1) Submit, in paper format, to the Clerk an amended Form B121 indicating both the incorrect social security number and the debtor's full and correct social security number;
(2) Serve the amended Form B121 referenced in subparagraph (c)(1) upon all creditors, the trustee, and the United States trustee;
(3) File a certificate of service; and
(4) If the error affects the last four (4) digits of the debtor's social security number, in addition to submitting an amended verified statement, also file an amended petition showing the corrected last four (4) digits of the debtor's social security number.
(d) Payment Advices. If a debtor cannot comply with § 521(a)(1)(B)(iv), the debtor shall complete and file a Payment Advice Form.
(e) Personal Financial Management Certificate. Every individual debtor in a case filed under chapter 7, 11, or 13 must complete a post-petition instructional course concerning personal financial management when required by Fed. R. Bankr. P. 1007(b)(7).
(1) Failure to timely file evidence of completion of course. If a certificate from an approved provider evidencing completion of a course in financial management by a debtor under chapter 7, 11 or 13 is not filed when required under Fed. R. Bankr. P. 1007(b)(7) within the time limits prescribed by Fed. R. Bankr. P. 1007(c), the Clerk may close the case without discharge and shall notify creditors. A motion to reopen the case to obtain a discharge will be subject to the applicable fee.
(2) Deceased Debtor Excused from Compliance. If a debtor dies after the filing of the petition and prior to completing the course in financial management, the debtor's attorney may file an ex parte application requesting a waiver of the completion of the course. A redacted version of the death certificate shall be attached as an exhibit to the application with service on the United States trustee and the case trustee.
(f) Noncompliance. The failure to comply with the requirements of this Rule and the Federal Rules of Bankruptcy Procedure may subject the case to dismissal.