LBR 1002-1. PETITION – GENERAL

LBR 1002-1. PETITION – GENERAL

(a) Debtor’s Address. In a petition filed under 11 U.S.C. §§ 301, 302, 303, or 1504, the debtor’s actual street address must be disclosed in addition to any post office box address.
(b) Attorney Information.
(1) General. A voluntary petition filed pursuant to 11 U.S.C. §§ 301 and 302 by an
attorney on behalf of any party must contain the attorney’s state bar identification
number, telephone number, fax number, and e-mail address in the attorney name
block.
(2) Signature of Counsel. The name of the attorney signing a petition must be printed
clearly below the signature line.
(c) Number of Copies. For documents that are not electronically filed under the provisions of LBR 5005-4, a list of requirements that specify the minimum number of copies that must be submitted is contained in the Court Manual available from the clerk and on the court’s website.
(d) Incomplete Petitions.
(1) General. A voluntary petition filed without the complete schedules, statements and
other documents required by the FRBP and these rules must include at least the
following:
(A) Petition (Official Form 1); LBR 1002-1
3 01/10
(B) List of Creditors Holding 20 Largest Unsecured Claims (Official Form 4)
(chapter 11 cases only);
(C) Master Mailing List (List of Creditors) in format required by LBR 1007-1(a);
and
(D) Statement of Social Security Number(s) (Official Form 21) (Required if the
debtor is an individual). A complete list of the papers required to complete the filing is contained in the Court Manual available from the clerk and on the court’s website.
(2) Deadline to File Required Documents. Except as provided by FRBP 1019(1)(A),
and unless extended by court order, the balance of the papers required by the FRBP
and these rules must be filed within 14 days of the petition date, except the Statement
of Intention which must be filed not later than 30 days after the filing of the petition.
(3) Motion for Extension of Time to File Documents. A motion for extension of time
to file the lists, schedules and other papers required by this rule must comply with
LBR 1007-1(e).
(4) Failure to File Required Documents. The case may be dismissed pursuant to LBR
1017-2.
(e) Redaction of Personal Identifiers.
(1) Unless otherwise ordered by the court, a debtor must refrain from including, or must redact where inclusion is necessary, the following personal identifiers from all lists, schedules, statements, payment advices, or other documents filed or required to be filed with the court in accordance with FRBP 9037(a):
(A) Social Security Numbers. If disclosure of a social security number is required, only the last four digits of that number should be used. [This does not apply to Official Form 21, Statement of Social Security Number(s)].
(B) Names of Minor Children. If disclosure of the identity of any minor child is
required, only the initials of that child should be used.
(C) Date of Birth. If disclosure of an individual’s date of birth is required, only
the year should be used.
(D) Financial Account Numbers. If disclosure of any financial account number is required, only the last four digits of that number should be used.
(2) The responsibility for redacting these personal identifiers rests solely with the debtor and debtor’s counsel. The court will not review documents for compliance with this rule.
(f) Effect of Failure to Specify Necessary Information.
(1) If the petition fails to specify the chapter under which relief is sought, the case will
be deemed to have been filed under chapter 7.
(2) If the petition fails to specify whether it is a consumer or business case, it will be
presumed to be a consumer case.
(3) If the petition fails to indicate the number of creditors or equity holders, or the
amount of assets or debts, it will be presumed that the case falls in the smallest
category of each.
(g) Joint Petitions. Individuals filing jointly must present upon request appropriate evidence to support their joint filing status at the 11 U.S.C. § 341(a) meeting, such as a copy of the marriage license.
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