Local Rule 4002–1: DEBTOR — DUTIES

4002–1 DEBTOR — DUTIES

(a) Documentation to be Brought to § 341 Meeting by Debtor. Each debtor shall bring to the § 341 meeting either the following documentation or a statement why such documentation is not applicable or available. This Local Rule is not applicable to a chapter 11 business debtor who has made other arrangements with the United States trustee.

(1) A picture identification issued by a governmental unit, or other personal identifying information that establishes the debtor's identity.

(2) Evidence of social security number(s) or tax identification number(s).

(3) Evidence of current income, such as the most recent payment advice or paystub.

(4) Copies of all original and duplicate certificates of title or copies of motor vehicle registrations (Ohio Bureau of Motor Vehicle Form BMV 1149 0301) pursuant to Ohio Revised Code § 4503.26 for all titled personal property, including, but not limited to, motor vehicles, boats, motorcycles, trailers, and mobile homes.

(5) Copies of any personal property leases, including motor vehicle leases.

(6) Title documents to all real estate in which the debtor has an interest, including deeds, registered land certificates of title, land contracts, or leases.

(7) Closing statements for any interest in real estate sold or conveyed by the debtor within the year preceding the petition filing date.

(8) Evidence of the value of real estate in which the debtor has an interest (county auditor appraisal or independent appraisal, if available).

(9) Copies of all mortgages and liens upon real estate in which the debtor has an interest showing all recording information, and details of all certificates of judgment, including the name of the judgment creditor, date of filing, judgment docket number, page and amount.

(10) All life insurance policies owned by the debtor, and evidence of the cash surrender value and the beneficiary.

(11) Copies of the United States, state, and local income tax returns, including any amendments, of the debtor and of any business entities wholly owned by the debtor, for the three (3) years preceding the petition filing date, including the most recently filed tax return.

(12) Statements for each of the debtor's depository and investment accounts, including checking, savings, and money market accounts, mutual funds and brokerage accounts for the time period that includes the petition filing date.

(13) Copies of any separation agreements or decrees of dissolution or divorce entered into or granted during the twelve (12) months prior to the petition filing date.

(14) All documents evidencing the debtor's interest in any retirement account, including plans established under 26 U.S.C. § 401(k) or 26 U.S.C. § 403(b), including individual retirement accounts, account statements, summary plan descriptions and qualification letters from the IRS. For individual retirement accounts, an accounting of all contributions to the account since its inception.

(15) Copies of security agreements, and financing statements.

(16) Copies of stock certificates, bonds, credit union accounts, and other evidence of investments or savings.

(b) Payment Advices. -

(1) Submission to Trustee and United States Trustee in Lieu of Filing. Unless otherwise ordered by the court, copies of all payment advices or other evidence of payment (e.g., paystubs) received within sixty (60) days before the date of the filing of the petition from an employer of the debtor shall not be filed with the court and shall instead be provided to the trustee and the United States trustee at least seven (7) days prior to the first date set for any § 341 meeting, but not later than forty-five (45) days after the date of the filing of the petition. In the event no such payment advices or other evidence of payment have been received by the debtor, the debtor shall provide the trustee and the United States trustee with a certification of that fact under the time limitations set out above.

(2) Consequences of Noncompliance. If the debtor fails to timely provide to the trustees the documentation or certification required by this Local Rule, then either the trustee or the United States trustee may file a notice with the court indicating such failure and suggesting dismissal of the case. The court may immediately dismiss the case without notice or a hearing.

(c) Disclosure of Property Acquired Postpetition. If the debtor acquires an interest in property of the kind listed in § 541(a)(5) within 180 days after the date of filing of the petition or property of the kind listed in § 1306, the debtor shall immediately notify the trustee and provide copies of all documents related to the interest.

(d) Chapter 13 CasesDebtor Certification Regarding Issuance of Discharge Order. Prior to the issuance of a discharge order, the debtor must file a Debtor's Certification Regarding Issuance of Discharge Order. The form is available from the trustee's office or website. If the debtor is eligible for a discharge, either through completion of the debtor's plan or entry of an order approving a hardship discharge, the debtor shall file LBR Form 4002-1 within twenty-one (21) days after the filing of the Chapter 13 Trustee's Certification of Final Payment. If the case is a joint case, each individual debtor shall file an LBR Form 4002-1. If a debtor fails to timely file such certification, the case may be closed without issuance of a discharge.

(e) Converted Cases. In the event a case is converted, a debtor shall bring to the § 341 meeting of creditors in the converted case all of the documentation required by (a)(1) above.

(f) Procedure.

(1) Requests by Trustee. The debtor shall comply promptly with all trustee requests for information whether oral or written. Absent a written extension of time from the trustee, within twenty-one (21) days after service of any written request on the debtor, the debtor shall serve on the trustee the information and/or documents requested, or shall file and serve on the trustee a motion for a protective order.

(2) Limited Filing with the Court. The trustee shall not file a copy of a request for information unless the debtor fails to comply with this Local Rule and the trustee or any other party in interest requests the court to compel compliance. The debtor shall not file a copy of a response to a request for information unless it is in the form of amendments to schedules, statements of financial affairs or other statements or lists required to be filed by Rule 1007, or unless the debtor is otherwise required to do so.

(3) Sanctions. Failure to comply with a trustee's request for information may result, after notice and hearing, in the imposition of sanctions.