LOCAL RULES (1007, 1017, and 2002) - Return to Index

RULE 1007: FILING OF LISTS, SCHEDULES AND STATEMENTS

(a) Dismissal of Case: In any case where lists, schedules and statements are not filed at the time of the filing of a voluntary petition, the court may enter an order of dismissal unless the same are filed within fifteen (15) days after the filing of the petition, or a motion to extend time for filing such lists, schedules and statements has been filed prior to the expiration of the 15-day period.

(b) Notice of Possible Dismissal: The Clerk shall give notice of this rule to debtor's counsel who file petitions without filing all required lists, schedules and statements at the time the petition is filed. The Clerk shall also give notice of this rule in the meeting of creditors notice.

RULE 1017: MOTION TO VACATE DISMISSAL

A motion to vacate an order of dismissal requires twenty (20) days notice to all parties in interest and shall be filed with the Clerk and served upon the United States Trustee, the previously appointed trustee, and any party in interest in the case. The motion shall be accompanied by a notice containing the hearing date as obtained from the Court and a certification of notice. Said motion shall state that any objections must be filed within five (5) working days prior to the hearings.

RULE 2002: NOTICE TO PARTIES

(a) Unless the court directs otherwise, the Clerk shall give the required notice of the following events:

1. The date set for the 341 meeting of creditors;
2. The date for filing claims in Chapter 7 and Chapter 13 cases;
3. The conversion of a case from one chapter to another;
4. The order for relief;
5. The dismissal of a case;
6. The last day for filing complaints objecting to discharge pursuant to Section 727 of the Code;
7. The last day for filing complaints to determine dischargeability of any debt pursuant to Section 523(c) of the Bankruptcy Code;
8. The waiver, denial or revocation of a discharge;
9. The summary of the trustee's final account if the net proceeds realized exceed $250.00.

The notices of events numbered (1), (2), (3), (4), (6) and (7) may be combined if that is practical.

(b) On all other instances, unless the Court orders otherwise, the moving party shall give such notice as may be required.

(c) Whenever the moving party is to give notice to all creditors and parties in interest, the Clerk shall provide the moving party with a copy of the master address list.

(d) If the Clerk relies on an incomplete master address list of creditors filed with a petition in mailing Section 341 Meeting Notice, it is the debtor's responsibility to file subsequently a complete list and to give notice of the Section 341 Meeting and other events on a form provided by the Clerk.

(f) Notice to Creditors - Chapter 13 Plan

1. Within ten (10) days of the filing of the original Chapter 13 Statement and Plan or any amendment thereof with the Clerk of this Court, the attorney for the debtor, or the debtor in a pro se case, shall mail one copy of the Plan to each creditor listed on the updated Master Address List at the Clerk's Office.
2. A certificate of service indicating that a copy of the Plan and Statement has been mailed shall be filed with the Clerk. Such certificate of service shall be filed with the Clerk within ten (10) days from service.
3. Whenever the Chapter 13 Plan is filed with the Petition, the debtor shall file sufficient copies to enable the Clerk to notify the same to all creditors and parties in interest.

(g) Notices to the United States and its agencies in accordance with Bankruptcy Rule 2002(J) shall be given to the U.S Attorney and the agency concerned to the address(es) which appear in Appendix B.