Rule 1002-1 : Minimum Initial Filing Requirements on Petition Date


(a) Initial Filing Requirements: The debtor must also complete and file the following:

(1) Voluntary Petition for Individuals Filing for Bankruptcy, Official Form 101, or Voluntary Petition for Non-Individuals Filing for Bankruptcy, Official Form 201.

(2) Cover Sheet: In paper filed cases only, a cover sheet in substantial conformity with L.B. Form 1002-1.1.

(3) Certificate of Credit Counseling: In the event the debtor is an individual,

(A) the debtor’s Certificate of Credit Counseling evidencing that the debtor has complied with the credit counseling requirements set forth in 11 U.S.C. § 109(h)(1), or

(B) a written explanation as to why a temporary exemption or exception should apply under 11 U.S.C. § 109(h)(3) or (4) shall be provided on the Official Form 101, Individual Debtor’s Statement of Compliance with Credit Counseling Requirement.

(4) Filing Fees: Pay the applicable filing fee in full. If the debtor is an individual, the debtor may file an application to pay the filing fee in installment payments or an application for a waiver of the filing fee. See 28 U.S.C. § 1930, FED. R. BANKR. P. 1006 and applicable Official Forms for further information on filing fees.

(5) Statement of Social Security Number: In the event the debtor is an individual, Official Form 121 - Statement About Your Social Security Numbers. See L.B.R. 1007-5 for further information on Social Security numbers and privacy.

(6) Creditor Address Mailing Matrix: A proper Creditor Address Mailing Matrix. See 11 U.S.C. § 521(a)(1), FED. R. BANKR. P. 1007(a)(1), L.B.R. 1007-2 and L.B.R. 1007-2App. for further information on filing a proper Creditor Address Mailing Matrix.

(7) List of 20 Largest Unsecured Creditors: For a petition under chapter 9 or a voluntary chapter 11, the list containing the name, address and estimated claim of the creditors that hold the 20 largest unsecured claims as required by FED. R. BANKR. P. 1007(d).

(b) Notice of Non-Filing and Return of Deficient Petition: The Clerk may decline to accept for filing any bankruptcy petition tendered in paper for filing that does not contain the minimum requirements as stated in L.B.R. 1002-1(a).

Commentary

[Source: L.B.R. 102, Transitional Local Bankruptcy Form 1002-1, Transitional Local Bankruptcy Form 1007-1, and GPO 2002-2]

See L.B.R. 1017-3 for information on dismissal for failure to file documents and the United States Trustee’s Standing Motion to Dismiss.

Change in numbering to clarify required documents. January 1, 2014.

A schedule of the current fees can be found at the bankruptcy court’s website at www.cob.uscourts.gov.