(a) Dismissal for Failure to Include Debtor’s Signature.
(1) A petition filed by a registered ECF filer must include the signature of the debtor (and joint debtor if applicable) in accordance with Local Bankruptcy Rule 5005-1(c)(1) or be subject to dismissal within 1 business day, without further notice, as to the debtor whose signature is not provided.
(2) A petition submitted for filing by an unrepresented individual must include the signature of the debtor (and joint debtor if applicable) in accordance with Local Bankruptcy Rule 5005-1(c)(2) or be subject to rejection by the clerk of court and returned to the debtor with no bankruptcy case opened. Joint petitions filed without the signature of a joint debtor, will be issued a 7-day deficiency notice to provide the missing signature.
(b) Dismissal for Failure to File Statement of Social Security Number or Individual Taxpayer Identification Number with the Petition. A debtor shall file or submit with the voluntary petition a verified statement setting out the debtor’s social security number, taxpayer identification number, or a statement that the debtor does not have a social security number or taxpayer identification number. A voluntary petition filed by a registered ECF filer 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 in the format required by the office of the clerk of court, 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 contained in 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 contained in the Official Form B309 Notice of Bankruptcy Case .
(f) Small Business Cases. If a debtor in possession in 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 in possession 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.