Local Rule LR 2.13 / LR 5005-1: Rejection of Pleadings
Bankr. S.D. W.Va. — General rule
(a) The Clerk of the Bankruptcy Court shall present to the Bankruptcy Judge any petitions, lists, schedules, pleadings, claims or other papers that contain the following deficiencies:
1. Petitions: A. Where not accompanied by the proper filing fee or an application to pay in installments. B. Where not accompanied by a properly completed mailing matrix. C. Where not verified by signature of the attorney or not containing an unsworn declaration with signature of all debtors. D. Where two or more individuals are listed, or two or more entities listed, except where 11 U.S.C. § 302 permits the filing of a joint petition. E. Where it is a Chapter 11 case and the petition is not accompanied by the list of twenty (20) largest creditors. F. Where filed by a corporation, except in a Chapter 7 case, and the debtor-corporation is not represented by an attorney.
2. Adversary Proceedings: A. Where not accompanied by the proper filing fee. B. Where not accompanied by a properly completed Adversary Proceeding Cover Sheet [B104]. C. Where offered for filing by an attorney not admitted to practice before this Court.
3. Proofs of Claim A. Where the claim does not contain the caption of the case or the case number. B. Where not properly signed by the claimant or an authorized agent.
4. Motions and Other Pleadings: A. Where offered for filing by an attorney not admitted to practice before this Court pursuant to Local Rule 2090-1. B. Where offered for filing by a corporation or its agent or employee, other than an attorney for the corporation who is admitted to practice before the Court. C. Where not accompanied by a proposed order for entry by the Court.
The Bankruptcy Judge will review any deficient document which has been submitted by the Clerk and issue either an order rejecting the filing of the document or an order which instructs the party who submitted the document to correct the deficiency within a certain period of time.