LOCAL RULES (1001, 1002, and 1003) - Return to Index

RULE 1001: SCOPE OF LOCAL RULES AND FORMS

(a) All petitions, voluntary and involuntary, pleadings, schedules, statements, lists and other papers presented for filing shall be in substantial compliance with the Bankruptcy Rules and Official Forms, the U.S. District Court Rules and these Local Bankruptcy Rules, Forms and appendixes.

(b) The provisions of chapters 100 (Rules 108.1 and 108.2 excepted) and 200 of the Local Rules of the United States District Court are hereby adopted and incorporated herein by reference, and shall apply to cases and proceedings in the Untied States Bankruptcy Court, except to the extent they may be inconsistent with Title 11, United States Code, the Bankruptcy Rules of these Local Bankruptcy Rules.

RULE 1002: FILING REQUIREMENTS - VOLUNTARY PETITIONS

a) All petitions shall:

1. Be accompanied by a properly executed Bankruptcy Cover Sheet (Local Form No. 1.)
2. Include the chapter number.
3. Include a complete master address list in substantial compliance with Local Rule 1002(b), infra and Local Form No. 2.
4. Be accompanied by the following number of copies of the petition, schedules, statements, lists, plan (where applicable) and master address list:

   a) Chapter 7, 12 and 13: an original and four (4) copies.
   b) Chapter 11: an original and five (5) copies.

5. Include the Debtor's Attorney Disclosure of Compensation Form (Local Form No. 3.)
6. For individual consumer debtors, include the statement required under Section 342 (b) of the code, (Local Form No. 4) indicating that said debtor has received written notice from the Clerk with regards to the chapters of the Code under which the debtor may proceed.
7. In Chapter 11 cases, be accompanied by a list of the twenty (20) largest unsecured creditors (non-insiders).
8. The attorney for the debtor, or the debtor in a pro se case shall provide, at the moment of filing a chapter 13 petition, sufficient copies of the proposed plan to be circulated among all creditors.

b) General Requirements of Master Address List

1. At the time of filing a Voluntary Petition, or Motion for Voluntary Conversion, the debtor shall file a master address list which shall include the name and current mailing address, including zip code, of the debtor, the joint debtor and attorney for debtor, and the name and last known mailing address for every creditor, including creditors having filed a proof of claim, the U.S. Trustee and the Chapters 12 and 13 Standing Trustee(s). Where applicable, the debtor's account number will be included with each creditor's mailing address.
2. If the debtor is a partnership, the master address list shall contain the names and current mailing addresses of each general and limited partner.
3. If the debtor is a corporation, the master address list shall contain the names and current mailing addresses of the present officers, or if none, the immediate past officers and directors. In addition, the Chapter 11 debtors shall file within the time specified in Bankruptcy Rule 1007 its list of equity security holders and a separate master address list containing the name and last known address or place of business of each equity security holder.
4. The master address list shall be prepared only on photocopy master address form (Local Form No. 2). The Clerk of the Court may waive compliance with this rule if debtor can demonstrate an alternate and more efficient method of completing the mailing labels.
5. The debtor shall be responsible for the preparation and accuracy of the master address list required by this rule.
6. The debtor shall notify the Court, the U.S Trustee and any Trustee appointed by the Court and his attorney of record in writing whenever his mailing address changes while his case is pending.
7. Whenever Schedules or Amendments add new entities or correct mailing addresses, the debtor shall file with the document an amended master address list which shall include all creditors previously listed as well as additional entities or corrected addresses.

RULE 1003: FILING REQUIREMENTS - INVOLUNTARY PETITIONS

Number of copies: Involuntary Petitions shall be filed in the same number of copies as required in voluntary petitions.