RULE 1002-1 PETITION - GENERAL Modified 12/1/03
(a) Filing. A petition commencing a case under the Bankruptcy Code shall be filed in the office of the Clerk or by electronic means as established by the Court. Filing of the petition or related schedule, statement or list by facsimile transmission is not authorized in this District.
(b) Form. A petition commencing a voluntary case shall conform substantially to Official Form No. 1, and be fully completed by petitioner. All petitions must include the full name(s) and address(es) (including zip codes) of the debtor(s); the firm name, mailing address, telephone and facsimile number, and state bar admission number of the attorney for each debtor.
(c) Number of Copies. [This subsection was abolished on March 3, 2003].
(d) Mailing Matrix. In all voluntary cases, a mailing matrix containing the names and addresses, including zip codes, of all known creditors and holders of executory contracts must be filed with the petition, or within twenty-four hours thereafter, even if the schedules are not filed with the petition. Failure to file the mailing matrix at the time of filing will result in the automatic issuance of a two (2) day Notice of Missing Documents and Notice of Dismissal if Documents are Not Timely Filed. In the absence of a showing to the contrary, any such dismissal shall be presumed to be a willful failure within the meaning of 11 U.S.C. §§ 109(g), with a 180-day bar to refiling any petition.
(1) Mailing Format. In accordance with the filing requirements set forth by Fed.R.Bankr.P. 1002, 1003, and 1007, the debtor shall file with the petition a list of creditors/matrix listing the name and address of each creditor shown on the debtor's schedules in the format prescribed by the
clerk's office and designated as Amended R.I. Bankr.Form A in all conventionally filed cases, and in cases filed electronically if the list of creditors is not filed with the petition. Unless leave of court is obtained, in all chapter 7, 11, 12 and 13 cases, the list of creditors/matrix shall be submitted on a computer diskette as set forth in the "Instructions for Submission of the List of Creditors on Computer Diskette", designated as Amended Bankr.Form A.Failure to correctly conform to the requirements detailed in Bankr. Form A will result in the automatic issuance of a two (2) day Notice of Missing Documents and Notice of Dismissal if Documents are Not Timely Filed.(2) Required Addresses. Except as provided below, the matrix shall include the names and addresses (including zip codes) of all known creditors and parties in interest. The name and address of: (a) the debtor(s); (b) the debtor(s)' attorney; (c) the United States trustee; and (d) the Rhode Island Division of Taxation, should not be included on the matrix because information pertaining to them will be added to the matrix and/or case automatically by the Court.
(3) Incorrect Address; Returned Mail. It is the responsibility of the debtor to ensure that all addresses set forth on the matrix are accurate and complete, and that they conform to the addresses set forth on the
schedules. If a mailing based on the creditor matrix is undeliverable by the post office, the mailing will be returned by the post office directly to the debtor's attorney, or debtor, if pro se, and it will be debtor's responsibility to remail the document(s). Upon remailing, the debtor is also required to file with the Clerk the updated address(es) and a certificate of service of the mailing.
(4) Involuntary Cases. In involuntary cases, the matrix shall be filed within fifteen (15) days of the entry of the order for relief. The matrix shall be prepared and filed by the debtor unless the court orders otherwise.
(5) Amendments to Matrix. See LBR 1009-1(d).
(e) Foreign Country Creditor or Party. In any bankruptcy case that includes creditors or parties in any foreign country, the debtor or such other party specified in R.I. LBR 1002- 1(d)(4) shall supply the clerk's office with properly addressed envelopes containing the correct postage affixed thereto, to insure that the mailing reaches the addressees in the foreign country.
(f) Corporate Petition and Petitions for Non-Individuals.
(1) Corporate Petitions. A petition filed by a corporation shall be signed in accordance with 28 U.S.C. §§ 1746 or verified by an authorized officer or authorized agent of the corporation, and shall include a copy of the board of director's resolution or of the minutes of the corporate
meeting, or other evidence of the verifying officer's or authorized agent's authority to file the bankruptcy petition on behalf of the corporation.
(2) Petitions for Other Non-Individuals. A petition by a partnership, trust or other non-individual debtor shall be signed and verified by a general partner, or trustee, or appropriate agent, and shall include evidence of the signatory's authority to file the bankruptcy petition.
(3) Legal Representation Required for all Corporations, Partnership, or other non-individuals. The Clerk is not authorized to accept for filing a petition on behalf of a corporation, partnership, trust or other non-individual which is not represented by counsel. This
requirement is substantive, and not one of "form," as addressed in Fed. R. Bankr. P. 5005(a).
(4) "Doing Business As" or "Formerly Known As". The Clerk is not authorized to accept for filing a petition by an individual, corporation or other legal entity that lists as a DBA or FKA a separate corporation or other legal entity. A corporation or other legal entity, must file
a separate petition even if it considers itself the FKA or DBA of an individual, partnership, trust or other corporation, and even if its corporate charter has been revoked prepetition. This requirement is substantive, and not one of "form," as addressed in Fed. R. Bankr. P. 5005(a).
©1998 US Bankruptcy
Court
District of Rhode Island