LISTS, SCHEDULES, STATEMENTS

Rule No: 
1007-1

(a)     Dismissal for Failure to Include Debtor’s Signature.
         (1)          Electronically filed petitions must indicate the signature of the debtor, and joint debtor if applicable, in accordance with Local Bankruptcy Rule 5005-1(d). An electronically filed voluntary petition that does not reflect the signature of the debtor, and joint debtor if applicable, is subject to dismissal within 1 business day, without further notice, as to the nonsigning debtor.
         (2)          Petitions that are submitted for filing on paper and do not contain the original signature of the debtor may be rejected by the clerk of court and returned to the debtor with no bankruptcy case opened. For joint petitions filed without the original signature of a joint debtor, the court will issue a 7-day deficiency notice.

(b)      Dismissal for Failure to File Statement of Social Security Number or Individual Taxpayer Identification Number with the Petition. An individual debtor shall file or submit with the voluntary petition a verified statement setting out the debtor’s social security number, individual taxpayer identification number, or a statement that the debtor does not have a social security number. An electronically filed voluntary petition that is not accompanied by this verified statement may be dismissed after 1 business day without further notice. Petitions that are submitted for filing on paper and not accompanied by the verified statement may be rejected by the clerk. For joint petitions accompanied by a verified statement of only one of the joint debtors, the court will accept the petition and generate a 7-day deficiency notice.

(c)      Dismissal for Failure to File List of Creditors. A debtor in a voluntary case shall file or submit a list of creditors, containing the names and addresses of each entity included or to be included on Schedules D, E/F, G and H, as required by 11 U.S.C. § 521(a)(1)(A) and Fed. R. Bankr. P. 1007(a)(1), no later than 7 days from the date of the filing of the petition. Failure to timely file or submit the creditor list may result in dismissal of the debtor’s case.

(d)      Dismissal for Failure to File Schedules and Statements. A debtor in a voluntary case shall file or submit with the petition the items required by Fed. R. Bankr. P. 1007(b) and 11 U.S.C. § 521(a), as applicable; provided, however, that payment advices or other evidence of payment are governed by Local Bankruptcy Rule 4002-1. Failure to file or submit these schedules and statements may result in dismissal of the debtor’s case, provided that the docket shows that the debtor was given 15 days' notice of this provision. The 15-day notice of dismissal for failure to file schedules and statements may be provided with the Official Form B309 Notice of Bankruptcy Case. The United States Trustee may designate the chapter 13 trustee to apply for dismissal pursuant to this rule in chapter 13 cases.

(e)      Dismissal for Failure to Attend 11 U.S.C. § 341 Meeting of Creditors. If a debtor in a voluntary case fails to appear at the 11 U.S.C. § 341 meeting of creditors, the debtor’s case may be subject to ex parte dismissal on application of the United States trustee. If, in a joint case, only one spouse appears at the 11 U.S.C. § 341 meeting, the United States trustee may apply for an order dismissing the case as to the nonappearing spouse. The United States Trustee may designate the chapter 13 trustee to apply for dismissal pursuant to this rule in chapter 13 cases. Notice of the United States trustee’s ability to seek dismissal for failure to appear at the 11 U.S.C. §341 meeting of creditors may be provided with the Official Form B309 Notice of Bankruptcy Case .

(f)      Small Business Debtors. If a small business debtor fails to comply with its obligations under 11 U.S.C. § 1116(1), the court may dismiss the case, provided that the docket contains proof that the debtor was given 7 days' notice of this provision.

(g)     Motions to Vacate--Notice Requirement. Unless the court orders otherwise, a motion to vacate an order of dismissal entered pursuant to this rule shall be noted for hearing pursuant to Local Bankruptcy Rule 9013-1 and shall be served on any trustee appointed in the case and all additional parties in interest.

(h)     Applicability of Rule. This rule shall not apply in cases converted from one chapter to another.