Local Rule LBR 1007-2: Additional Required Documents
Bankr. W.D. Mich. — General rule
LBR 1007-2: Additional Required Documents
(a) Corporate Resolution. When filing a bankruptcy petition, a corporate debtor must file a copy of the corporate resolution that authorizes such filing.
(b) Schedule C in a Joint Case. Each individual in a joint case must file a separate Schedule C.
(c) Mailing Matrix.
(1) Paper Filers. A debtor who is a Paper Filer must file a mailing matrix with the petition that conforms to the matrix guidelines published by the Clerk. (Instructions for the preparation of matrices are appended to these Rules as Exhibit 1.)
(2) ECF Filers. ECF Filers must upload a mailing matrix in accordance with established procedures for submission into CM/ECF.
(3) Verification of Creditor Matrix. The debtor must file a Verification of Creditor Matrix along with a copy of the matrix. (A Verification of Creditor Matrix form is appended to these Rules as Exhibit 2.)
(d) Asset Protection Report.
(1) With Original Petition. A Chapter 7 debtor must file an asset protection report with the original petition.
(2) On Conversion. Any debtor who converts a case from Chapter 11, 12, or 13 to Chapter 7 must file an asset protection report with the motion to convert. If the conversion is involuntary, the debtor must file the asset protection report within 7 days after entry of the order for conversion.
(3) Failure to Comply. Failure to comply with this Rule may result in the dismissal of the case or other appropriate relief as determined by the Court.
(4) Form. Copies of the approved Asset Protection Report form may be obtained from the Clerk or via the Court's website at www.miwb.uscourts.gov. (A copy of the Asset Protection Report form is also appended to these Rules as Exhibit 3.)
(e) Documentation Required by Trustees. In every individual chapter 7 and 13 case, the debtor must submit the following documents to the trustee at least 7 days before the date first set for the meeting of creditors. The trustee may adjourn the meeting of creditors or file a motion to dismiss if the documents are not provided by the required deadline.
(1) Copies of all payment advices or other evidence of payment received by the debtor from any employer within 60 days of the date of filing. This documentation must be provided to the trustee instead of being filed as prescribed by § 521(a)(1)(B)(iv);
(2) Copies of the federal and state income-tax returns, together with all W-2s, for the most recent tax year ending immediately before the commencement of the case, or a debtor's certification explaining why those tax returns are not available. This documentation must be provided to the trustee instead of being filed as prescribed by § 521(e)(2);
(3) For each financial account held by the debtor, copies of account statements or transaction histories that reflect the account's activity for the 90 days immediately preceding the commencement of the case;
(4) Copies of all certificates of title issued with respect to personal property owned by the debtor as of the commencement of the case;
(5) Copies of all recorded deeds and mortgages (if any) and the current year's SEV for all real property in which the debtor holds an interest as of the commencement of the case;
(6) The declarations pages of all insurance policies that provide coverage for any real or personal property owned by the debtor as of the commencement of the case;
(7) An account statement showing the current value of all IRAs, 401(k)s, pensions, or similar retirement or investment accounts held by the debtor as of the commencement of the case;
(8) If the debtor has been divorced within the last 10 years, a complete copy of the judgment of divorce and all related agreements; and
(9) If the debtor is required to pay a Domestic Support Obligation, written documentation showing:
(A) the name, address, and telephone number of the Domestic Support Obligation recipient; and
(B) the name, address, and telephone number of any Friend of the Court or similar out-of-state agency; and the case or account number used by the agency in the Domestic Support Obligation matter.
The foregoing list is not exclusive and the trustee may require the debtor to provide additional documentation. Similarly, a debtor's compliance with this Rule does not excuse the debtor from his or her obligation to continue cooperating with the trustee as required by § 521(a)(3).
(f) Creditor Request for Payment Advices.
(1) Timely Request. In addition to the requirements of (f)(1) above, the debtor must submit payment advices directly to any creditor who timely requests a copy. A creditor makes a timely request for payment advices if the request is filed and served on the debtor and any attorney for the debtor by U.S. mail or CM/ECF no later than 14 days before the date first set for the meeting of creditors.
(2) Form of Request. A creditor's request for payment advices must be made in a separate document captioned "Request for Debtor's Pay Advices" or a substantially similar designation and must contain:
(A) the name; address; and telephone number, facsimile number, or email address of the requesting creditor; and
(B) the name; address; and telephone number, facsimile number, or email address of any attorney representing the creditor.
(3) Compliance with Creditor's Request. Transmitting payment advices to the designated facsimile number or email address contained in the request or mailing payment advices via U.S. Mail to the mailing address of the creditor or its attorney constitutes compliance with the creditor's request. The debtor must contemporaneously file a proof of service indicating that the required payment advices were provided.
(g) Creditor's Request for Pre-Petition Tax Information.
(1) Timely Request. In addition to the requirements of (f)(2) above, the debtor must submit pre-petition tax information directly to any creditor who timely requests a copy pursuant to § 521(e)(2). A creditor makes a timely request for pre-petition tax information if the request is filed and served on the debtor and any attorney for the debtor by U.S. mail or CM/ECF no later than 14 days before the date first set for the meeting of creditors.
(2) Form of Request. A creditor's request for tax information must be made in a separate document captioned "Request for Debtor's Tax Return Information" or a substantially similar designation and must contain:
(A) the name; address; and telephone number, facsimile number, or email address of the requesting creditor; and
(B) the name; address; and telephone number, facsimile number, or email address of any attorney representing the creditor.
(3) Compliance with Creditor's Request. Transmitting tax information to the designated facsimile number or email address contained in the request or mailing tax information via U.S. Mail to the mailing address of the creditor or its attorney constitutes compliance with the creditor's request. The debtor must also contemporaneously file a proof of service indicating that the required tax returns or transcripts were provided.
(h) Debtor's Post-Petition Tax Information.
(1) Information Required. On the timely request of the United States Trustee or a party in interest pursuant to § 521(f), the debtor must furnish the following tax information at the same time it is filed with the taxing authority:
(A) tax transcripts or returns filed for each post-petition year the bankruptcy case remains open;
(B) tax transcripts or returns for any year ending within the 3-year period before the commencement of the case that are filed post-petition while the bankruptcy case remains open; and
(C) a copy of any amended tax transcript or return filed while the bankruptcy case remains open.
(2) Form of Request. If the United States Trustee or a party in interest desires to receive a copy of the debtor's post-petition tax information, it must file a "Motion for Order Requiring Debtor to Provide Tax Return Information" or a motion with a substantially similar designation. The motion must contain (A) a citation to the applicable Code section; (B) the name; address; and telephone number, facsimile number, or email address of the party filing the motion and of any attorney representing that party; and (C) a request for relief.
(3) Court Order Requiring Production. On receipt of a motion requesting the debtor's post-petition tax information, the Court may (A) set the matter for hearing with notice to the moving party, any attorney for the moving party, the debtor, and any attorney for the debtor; or (B) issue an appropriate order without a hearing. If the Court enters an order requiring the debtor to produce post-petition tax information, the debtor must furnish the information according to the terms and procedures specified in the order. The debtor must also contemporaneously file a proof of service indicating that the required tax returns or transcripts were provided.
(i) Further Discovery. Nothing in this Rule precludes the discovery of other information or documents pursuant to the Code or the Federal Rules of Bankruptcy Procedure.