1007-1

RULE 1007-1   LISTS, SCHEDULES AND STATEMENTS; TIME LIMITS;  ORDER TO FILE MISSING DOCUMENTS AND NOTICE OF AUTOMATIC DISMISSAL FOR NON-COMPLIANCE; NOTICE IN CHAPTER 11 [Modified 10/1/13]

 

(a) Certification of Pro Se Debtor Required. All pro se debtors are required to complete at the time of filing of the petition, a certification listing the names, addresses and amounts paid to persons who assisted with the bankruptcy filing, using R.I. Local Form C.1.

 

(b) Filings Subject to Seven (7) Day Filing Deadline: The following, as applicable to the case and chapter, are required to be filed within seven (7) days of the bankruptcy filing or any authorized extension thereof, or will be subject to the procedures set forth in subparagraph (d) below and R.I. LBR 1017- 2:

 

(1) Creditor Mailing List (names and addresses)

 

(2) Form 21 - Statement of Social Security Number.  Form 21 shall be filed in all cases as a separate private event (not combined with the bankruptcy petition or schedules) and will be restricted from public access.

 

(3) Debtor’s Mailing Address

 

(4) Official Form 1, Exhibit D or, if applicable, a Certificate of Credit Counseling, or a Motion to

be Exempt from Credit Counseling, or Certificate of Exigent Circumstances.

 

(5) Application to Pay in Installments, if applicable.

 

(6) Application for Waiver of Chapter 7 Filing Fee, if applicable.

 

(c) Filings Subject to Fourteen (14) Day Filing Deadline: The following, as applicable to the case and chapter, are required to be filed within fourteen (14) days of the bankruptcy filing, or any authorized extension thereof, or will be subject to the procedures set forth in subparagraph (d) below and R.I. LBR 1017-2:

 

(1) Schedules A through J;

 

(2) Statement of Financial Affairs;

 

(3) Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data (28

U.S.C. § 159);

 

(4) Statement of Executory Contracts;

 

(5) Attorney fee disclosure statement;

 

(6) All required declarations having been properly executed;

 

(7) The Chapter 13 plan (R.I. Bankr. Form W.1); and/or

 

(8) The Chapter 13 agreement (R.I. Bankr. Form V);

 

(9) Chapter 11 Exhibit A;

 

(10) Chapter 11 twenty (20) largest unsecured creditors;

 

(11) Official Bankruptcy Form 22 (either A, B, or C) - Statement of Current Monthly Income;

 

(12) In Chapter 7, Completed Checkbox on Form 22A re: Presumption of Abuse;

 

(13) Copies of pay stubs for 60 days before the filing of the petition;

 

(14) Notice to Debtor by Non-Attorney Bankruptcy Petition Preparer (Form 19B);

 

(15) Certificate of Credit Counseling if Official Form 1, Exhibit D, Question 2 applies.

 

(d) Order to file Missing Documents and Notice of Automatic Dismissal for Non-Compliance (Lack of Prosecution) Procedure for Issuance of Order to file Missing Document and Notice of Automatic Dismissal for Non-Compliance.  In all voluntary cases, where the petition is not accompanied by the required schedules, statements, and other documents, pursuant to Fed. R. Bankr. P. 1007, 1008, 2016, and 3015, and R.I. LBR 1002-1, 1007-1 and 5005-4, the debtor shall file such missing documents according to the time limits imposed by federal or local rule, or, if cause exists, move within that time for an order extending the time to make the required filings. Upon filing the petition, the debtor will receive an Order to file Missing Documents and Notice of Automatic Dismissal for Non-Compliance indicating which documents are missing and giving the debtor either seven (7) days or fourteen (14) days from filing to file the required documents, if applicable. If, after the expiration of the stated time period, or any court authorized extension thereof, the debtor fails to achieve compliance with the foregoing, the case will be automatically dismissed without further notice. 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 a petition. See also, R.I. LBR 1017-2.

 

(e) Notice to Disputed, Contingent or Unliquidated Creditors in Chapter 11 Cases. The debtor in each chapter 11 case shall serve R.I. Bankr. Form B on each creditor whose claim is listed on the schedules as disputed, contingent or unliquidated within fourteen (14) days after filing the schedules of liabilities, or within fourteen (14) days of adding such creditors to previously filed schedules. The notice will inform such creditors of the right to file proofs of claim and that failure to do so shall prevent them from voting upon the plan or participating in any distribution thereunder. Within fourteen days of service, a certificate evidencing compliance with this LBR shall be filed with the Clerk.