Rule 1007-6 : Employee Payment Advices


(a) Filing Requirement: The debtor must file the required payment advices pursuant to 11 U.S.C. § 521(a)(1)(B)(iv) or a statement as to why the debtor has not complied. The statement must be in substantial conformity with L.B. Form 1007-6.1.

(b) Failure to File Any Payment Advices: If no payment advices are filed with the petition and the debtor has not filed a statement in substantial conformity with L.B. Form 1007-6.1, the court may issue a notice of deficiency. The failure to cure the deficiency may result in the dismissal of the case pursuant to 11 U.S.C. § 521(i) and L.B.R. 1017-3.

(c) Motions or Objections Regarding Filed Payment Advices: All parties in the case have until the latter of forty-five (45) days after the petition is filed, or thirty (30) days after the payment advices are filed, to file a motion to modify a docket entry that states a payment advice was filed or to challenge the court’s acceptance of documents in satisfaction of the payment advice filing requirement. The failure to timely file such a motion or challenge will result in the documents being deemed accepted and sufficient in satisfaction of the filing requirement in 11 U.S.C. § 521(a)(1)(B)(iv), unless otherwise ordered by the court.

Commentary

[Source: Paragraphs (a) and (b) are new. Paragraph (c) is from GPO 2006-2]