1005-1

RULE 1005-1 FILING PAPERS - REQUIREMENTS [Modified 4/1/14]

 

(a) Caption of Papers. The bankruptcy case name, number, and chapter shall appear on all papers filed with the Clerk and must also appear on the signature page of all documents filed with the court.

 

(b) Size and Form. All papers, including the bankruptcy petition, schedules, statements, lists and other papers shall be on 8 ½" x 11" paper. All text in papers other than the bankruptcy petition and related schedules and lists must appear in at least 11 point type, except for footnotes which shall not be less than 10 point, and may not contain material that belongs in the body of the text or argument. All such text shall be double spaced, with the exception of quotations and footnotes.

 

(c) Required Signatures and Identifying Information. Each original paper filed with the Clerk shall include the filer's name, original signatures, address, telephone number, facsimile number, e-mail address, and if an attorney, the name of the law firm, the attorney's state bar identification number, and the name of the client.

 

(d) Required Response Time Language Must Be Included on All Papers.

 

(1) Usual Papers. In order to provide adequate notice to interested parties of the time to respond, every motion (except those set forth in paragraph (2) below), application, petition (not including bankruptcy petition), objection to claim or objection to exemption filed with the clerk's office shall contain language substantially similar to the following, in single or double space and must appear in at least 11 point type:

 

Within fourteen (14) days after service as evidenced by the certification, and an additional three (3) days pursuant to Fed. R. Bank. P. 9006(f) if served by mail, any party against whom such paper has been served, or any other party who objects to the relief sought, shall serve and file an objection or other appropriate response to said paper with the Bankruptcy Court Clerk's Office, 380 Westminster Street, 6th Floor, Providence, RI 02903, (401) 626-3100. If no objection or other response is timely filed, the paper will be deemed unopposed and will be granted unless: (1) the requested relief is forbidden by law; (2) the requested relief is against public policy; or (3) in the opinion of the Court, the interest of justice requires otherwise.

 

(2) Excepted Papers with Different Response Times. A different objection/response time applies to the following matters and should be substituted for the above fourteen (14) day period:

 

(A) Application to Compromise -- 21 days;

 

(B) Motion/Notice of Intended Sale -- 21 days;

 

(C) Motion to Amend or Modify a Plan -- 21 days;

 

(D) Motion to Modify Secured Claim -- 21 days;

 

(E) Application (or Notice) to Abandon -- 21 days;

 

(F) Motion to Shorten Time (Expedited treatment) seven (7) days;

 

(G) Emergency Motion for Relief -- left to discretion of Court, above language should not be used;

 

(H) Motion for Rule 2004 Examination -- see R.I. LBR 2004-1(b)(2).

 

(I)  Motion to Extend Time [other than motion to extend or delay entry of discharge filed by the debtor, or a motion requesting an extension of time to file an objection to discharge under §§ 523 or 727] for filing schedules, statements, reports, responses, and replies -- left to discretion of Court, above language should not be used;

 

(J)  Motion to Continue Hearing -- See R.I. LBR 5005-4 and 5071 for the deadline for filing motions to continue hearing.

 

(i)  One-sided motion - four calendar (4) days by 3:00 p.m.  If less time is needed, the motion should be filed as an emergency motion pursuant to LBR 9013-2(e) and served as specified in subsection (d)(2)(G) above;

 

(ii)  Consent/Joint motion -- left to discretion of Court, above language should not be used

 

(K)  Motion to Vacate an Order and Motion to Reconsider - seven (7) days.

 

(L)  Motion for Relief from Co-Debtor Stay - 20 days.

 

(M)  Motion to File Out of Time - left to discretion of Court, above language should not be used.

 

(3)  Objection to Claim.  See R.I. LBR 3007-1.

 

(4)  Objection to Exemption. See R.I. LBR 4003-1(b).

 

(e) Late Filed Documents. Any response, objection, status report or other document filed after the applicable deadline provided under these  local rules and/or as established by Order of the Court, must be accompanied by a separate Motion to File Out of Time, setting forth the reasons why the document was not timely filed and why permitting a late filing is warranted.  Any such late filed documents not accompanied by the separate Motion to File Out of Time will be stricken and treated as if never filed, and may result in the granting of the document that was not timely responded to, without further hearing unless the required Motion to File Out of time and previously stricken document is filed within 3 calendar days of the entry striking the document.  For documents that are timely filed but stricken as defective, provided that the corrected document is filed within 3 calendar days of the entry striking the document, the corrected document will relate back to the original filing date and no Motion to File Out of Time is required..

 

(f) Caption of Amendments. Any paper filed to effect an amendment of a previously-filed or served paper, including bankruptcy petition, lists, schedules, and statements, shall clearly state in bold print that it is an amendment. Any amendment proposing to add creditors to the case shall be accompanied with the appropriate filing fee, and, if a non-electronic filing, a supplemental diskette containing only the names and addresses of the added creditors. See also, R.I. LBR 1009-1.

 

CROSS REFERENCE See R.I. LBR 5005-4 (Electronic Filing)