Local Rule 4002-1: Duties of the Debtor

LOCAL RULE 4002-1 Duties of the debtor A. Providing Payment Advices:

1. Trustee: Copies of all payment advices or other evidence of payment, received within sixty (60) days before the date of the filing of the petition by the debtor(s) from any employer of the debtor(s), shall not be filed with the Court, unless otherwise ordered, but with the case trustee.

2. Interested Creditors: The debtor(s) shall also provide copies of payment advices to any creditor who timely requests copies of the payment advices or other evidence of payment, at least seven (7) days prior to the meeting of creditors conducted pursuant to 11 U.S.C. § 341. To be considered timely, a creditor's request must be received at least fourteen (14) days before the first date set for the meeting of creditors or any adjourned or continued meeting of creditors.

3. Noncompliance: The case trustee's certification of non-compliance by the debtor(s) with Local Rule 4002-1(A)(1) to submit payment advices as required by § 521(a)(1)(B)(iv) will be sufficient for dismissal of the case pursuant to 11 U.S.C. § 521(i).

B. Failure to Provide Prepetition Tax Information:

1. Trustee: Upon certification by the trustee that the debtor failed to comply with § 521(e)(2)(A)(i), the Clerk shall issue a notice to show cause to the debtor and debtor's attorney why the case should not be dismissed.

2. Creditor: If the debtor failed to comply with § 521(e)(2)(A)(ii), upon motion by a creditor and after service of the motion by the creditor on the debtor and debtor's attorney, and a hearing, the Court will determine whether to dismiss the case. Any motion to dismiss filed by a creditor must state with particularity that the creditor timely requested a copy of the tax return under FRBP 4002 (b)(4).