Local Rule 1007-2: Bankruptcy Code § 521(a)(1) Filing Requirements
Bankr. S.D. Ill. — General rule
L.R. 1007-2 – Bankruptcy Code § 521(a)(1) Filing Requirements. Effective as to cases filed on or after October 17, 2005, copies of all payment advices, or other evidence of payment, received by the debtor from any employer(s) of the debtor within 60 days prior to the date of the filing of the bankruptcy petition, (1) shall not be filed with the Court unless otherwise ordered; and (2) shall be provided to the Trustee, the United States Trustee if no Trustee has been appointed, and to any creditor who timely requests copies of payment advices, or other evidence of payment, at least 7 days before the first scheduled 341 meeting of creditors. To be considered timely, a creditor's request must be received at least 14 days before the first scheduled 341 meeting.
A. Bankruptcy Code § 521(a)(1)(B)(iv). The requirements of Section 521(a)(1)(B)(iv) of the Bankruptcy Code (that debtor provide copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition) is satisfied by providing to the Trustee (or the United States Trustee in a case where no Trustee has been appointed) at least 7 days before the first scheduled 341 meeting of creditors:
1. Payment advice(s) or other evidence of payment (which may be satisfied by providing less than "all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition ..." - e.g. by providing a year-to-date statement that includes payments received within 60 days of the petition), or 2. A verified statement that the debtor did not receive payments to which Section 521(a)(1)(B)(iv) of the Bankruptcy Code applies.
3. Pay advices or other evidence of payment shall be arranged (1) separately for each debtor and (2) chronologically for each different employer.
4. Notwithstanding the foregoing, the Trustee may require that 6 months of pay advices or their evidence of payment (as defined in subsection 1 above) be provided to verify the current monthly income listed on Official Form B22A or B22C, or on Official Form 122A-1 or 122C-1 (effective 12/1/2015). Failure to provide this documentation shall not delay the commencement of the 341 meeting of creditors.
In no event shall the documents required by Section 521(a)(1)(B)(iv) of the Bankruptcy Code be provided later than 45 days after the date of the filing of the petition. If the 341 meeting is not set within 45 days of the filing of the petition, the 45-day deadline for providing payment advices to the Trustee (or the United States Trustee, if applicable) still applies. If the Trustee or the United States Trustee continues the 341 meeting to receive these documents, such continuance shall not be deemed a request or consent to extend the deadline of Section 521(i) of the Bankruptcy Code. Nothing in this Rule shall be construed as requiring the Trustee or the United States Trustee to continue the 341 meeting. Failure to provide the documents within the 45-day deadline shall be grounds for the Trustee or the United States Trustee (if applicable) to request dismissal. If the case is dismissed following such a request by the Trustee or the United States Trustee, and the debtor believes the case was dismissed in error, the debtor shall file any motion to reinstate the case within 14 days of the entry of the dismissal order. A case that has been dismissed for failure to file a required document or provide a required document to the Trustee or the United States Trustee will not be considered to be a case dismissed in error.
B. Bankruptcy Code § 521(a)(1)(B)(v). The requirement of Section 521(a)(1)(B)(v) of the Bankruptcy Code (statement of the amount of monthly net income, itemized to show how the amount is calculated) is satisfied by including such information in Schedule I.
C. Bankruptcy Code § 521(a)(1)(B)(vi). The requirement of Section 521(a)(1)(B)(vi) of the Bankruptcy Code (a statement disclosing any reasonably anticipated increase in income or expenditures over the next 12-month period following the date of the filing of the petition) is satisfied by including such information on the appropriate line item on Schedule I and Schedule J and/or Schedule J-2 (effective 12/1/2015).