Local Rule L.B.R. 1007-1: Lists, Schedules and Statements
Bankr. N.D. Tex. — General rule
L.B.R. 1007-1 Lists, Schedules and Statements.
(a) Mailing List.
A mailing list containing the name and address of each entity included or to be included on Schedules D, E, F, G and H shall be filed contemporaneously with every voluntary petition and within 7 days of the entry of an order for relief in an involuntary case. The mailing list shall be submitted in accordance with the Court's Administrative Procedures for Electronic Filing, and shall include those agencies and offices of the United States required to receive notice pursuant to Bankruptcy Rule 2002(j). The mailing list shall be filed by the debtor or party responsible for filing the schedules and statements of affairs. Failure to file the mailing list as prescribed in this rule is cause for summary dismissal of the case.
(b) Extension of Time to File.
Before filing a motion for extension, counsel for the debtor shall confer with the Office of the United States Trustee, any committee, trustee, examiner or the standing chapter 12 or 13 trustee (if applicable) to determine whether or not the requested extension will be opposed. If unopposed, the motion for extension shall be accompanied by a certificate of conference certifying that the motion is unopposed. If opposed, the debtor shall request a hearing; however, any hearing on the motion will only be held at the discretion of the Presiding Judge.
(c) Exclusion From Means Testing-Statement of Current Monthly Income Not Required.
(1) An individual debtor in a chapter 7 case is not required to file a Statement of Current Monthly Income, as provided in Bankruptcy Rule 1007(b)(4), if:
(A) § 707(b)(2)(D)(i) applies, or
(B) § 707(b)(2)(D)(ii) applies and the exclusion from means testing granted therein extends beyond the period specified by Bankruptcy Rule 1017(e).
(2) An individual debtor who is temporarily excluded from means testing pursuant to subsection (c)(1)(B) of this rule shall file any statement and calculations required by Bankruptcy Rule 1007(b)(4) no later than 14 days after the expiration of the temporary exclusion if the expiration occurs within the time specified by Bankruptcy Rule 1017(e).
(3) If the temporary exclusion from means testing under § 707(b)(2)(D)(ii) terminates due to the circumstances specified in subsection (c)(2) of this rule, and if the debtor has not previously filed a statement and calculations required by Bankruptcy Rule 1007(b)(4), the Bankruptcy Clerk shall promptly notify the debtor that the required statement and calculations must be filed within the time specified in subsection (c)(2).
(d) Privacy Provisions.
(1) Redaction of Personal Identifiers. Parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents and pleadings filed with the court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the court:
(A) Social Security Numbers. If an individual's social security numbers must be included in a pleading, only the last four digits of that number should be used;
(B) Names of Minor Children. If the involvement of a minor child must be mentioned, only the initials of that child should be used. On Schedule I of Official Bankruptcy Form 106, list relationship and age of a debtor's dependents (i.e., son, age 6);
(C) Dates of Birth. If an individual's date of birth must be included in a pleading, only the year should be used.
(D) Financial Account Numbers. If the financial account numbers are relevant, only the last four digits of these numbers should be used. On Schedules D, E, and F of Official Bankruptcy Forms 106 and 206, debtors, if they so choose, may include their full account numbers to assist the trustee and creditors.
(2) Responsible Party. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Bankruptcy Clerk will not review each document and pleading for compliance with this rule. Any party wishing to file a document containing the personal data identifiers listed above may file an unredacted document under seal. This document shall be retained by the court as part of the record. The Bankruptcy Court may, however, still require the party to file a redacted copy for the public file.
(3) Statement of Social Security Number. Unless otherwise ordered by the Bankruptcy Court, individual debtors must complete and file electronically an Official Bankruptcy Form 121 Your Statement About Your Social Security Numbers.