Guideline No. 1: FORM REQUIREMENTS FOR PLEADINGS, PETITIONS AND OTHER DOCUMENTS FILED WITH THE COURT
a) All documents presented for filing with the clerk or intended for use of the judge shall:
1) be upon 8 ½ x 11 inch white paper of good quality, reasonably opaque and not onionskin (exhibits and attachments to pleadings shall be reduced to 8 ½ x 11 inch size when possible);
2) be printed or written upon only one side of the paper (including exhibits and attachments);
3) have a margin of not less than 1 ½ inches at the top of each page;
4) have a margin of 2 ½ inches at the bottom of the first page of the pleading (or a 2 ½ x 2 ½ inch square at the bottom corner) to facilitate electronic file stamping by the Clerk’s Office;
5) have two holes punched at the top of the document. These holes are to be centered and set 2 and 3/4 inches apart. (There will be two hole punches with the correct settings available for use at the intake counter for those bringing pleadings into the court to file)
b)
In
orders, the phrase, “Dated:_________”, should be used instead of the
phrase, “This the ____ day of ________, 19____.”
Guideline
No. 2: FORM OF PAYMENT OF
FEES
All fees and other sums payable to the United States Bankruptcy Clerk’s Office shall:
(a) be paid by money order, certified check, or cashier’s check, or by check drawn on the account of an attorney or on a debtor-in-possession account, or by a company check (Personal checks are not accepted); and
(b) be payable to “Clerk, U.S. Bankruptcy Court”; or
(c) be paid in cash.
The Clerk’s office is not responsible for cash or other forms of payment lost in the mail.
Guideline
No. 3: FUNCTIONS DELEGATED
TO THE CLERK OF COURT
(a) The Clerk of Court is responsible for maintaining the records for each bankruptcy case and, accordingly, much information regarding any case is available for public review. Additionally, the Clerk’s office, within staffing and time constraints, can relate general information regarding specific bankruptcy cases.
(b) The Clerk’s office cannot give legal advice pursuant to 28 USC §955.
(c) In addition to orders which may be entered as a matter of course by the Clerk under the provisions of the Federal Rules of Bankruptcy Procedure, the Federal Rules of Civil Procedure or any Federal statute, the Clerk of the Bankruptcy Court may sign such further and additional orders as are authorized by the Bankruptcy Judge to whom the case has been assigned.
(d) In issuing any notice or order in the carrying out of such delegated functions, the notice or order shall be issued in the name of the Bankruptcy Judge before whom the case is pending.
(e) Any functions delegated to the Clerk of the Bankruptcy court may be exercised or performed through the deputies of such clerk.
Guideline No. 4: Alteration of Filed Documents By COURT Personnel Not Allowed
The Clerk’s office cannot alter or add to documents which have already been filed. Any alterations must be made by a properly filed amendment.
Guideline No. 5: Acceptance of Pleadings By Clerk’s Office
Acceptance of a pleading for filing does not operate as a waiver of any of the provisions of the Bankruptcy Code and Federal Rules of Bankruptcy Procedure.
GUIDELINES
TO ASSEMBLY OF PETITIONS
AND ACCOMPANYING DOCUMENTS
The
following document should be the bottom document and should be separate from
other documents:
CLERK'S NOTICE TO INDIVIDUAL CONSUMER DEBTOR(S)
The
following documents should be placed in the following order (from top to bottom)
and then be stapled together and be pre-holepunched at the top:
PETITION PAGES (2)
EXHIBIT A (If Applicable)
RESOLUTION OF BOARD OF DIRECTORS (If Corporate)
RESOLUTION SIGNED BY ALL PARTNERS (If Partnership)
STATEMENT OF FINANCIAL AFFAIRS
SWORN DECLARATION CONCERNING STATEMENT OF FINANCIAL AFFAIRS
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCHEDULE G
SCHEDULE H
SCHEDULE I
SCHEDULE J
SUMMARY OF SCHEDULES
SWORN DECLARATION CONCERNING DEBTOR'S SCHEDULES
The
following documents should not be stapled to the preceding document, but should
be filed as separate, individual documents:
CHAPTER 13 PLAN (If Chapter 13)
CERTIFICATE OF SERVICE OF THE CHAPTER 13 PLAN (If Chapter 13)
DISCLOSURE OF ATTORNEY COMPENSATION
INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION (If Chapter 7)
APPLICATION TO PAY FILING FEE IN INSTALLMENTS (If Applicable)
LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS (If Chapter 11)
LIST OF EQUITY SECURITY HOLDERS (If Chapter 11)
In providing the correct number of copies of the above documents, the correct order would be page one followed by page two, etc. The incorrect order would be four copies of page one followed by four copies of page two, etc.
The
following document should not be stapled at all, and should be a
separate, individual document:
MAILING LIST MATRIX
(The extra copy may be stapled)
VERIFICATION OF MAILING MATRIX
CHECKLIST
TO VERIFY THAT PETITION COMPLIES WITH
THE FEDERAL RULES OF BANKRUPTCY PROCEDURE
MAKE
SURE THAT THE FOLLOWING ITEMS HAVE BEEN FILED FOLLOWING THE STEPS LISTED BELOW:
___ 1.
PETITION PAGE(S) ___
CORRECT COUNTY OF RESIDENCE ___
HAS SOCIAL SECURITY NOS. ___
SIGNED BY AN ADMITTED ATTORNEY ___
DATED ___
SIGNED BY DEBTOR(S) ___
TELEPHONE NO. OF DEBTOR IF PRO SE |
|
___ 2.
STATEMENT OF FINANCIAL AFFAIRS ___
ALL PAGES ACCOUNTED FOR ___
SUFFICIENTLY ANSWERED OR MARKED NONE |
|
___ 3.
DECLARATION REGARDING STATEMENT OF FINANCIAL AFFAIRS ___
DATED ___
SIGNED |
|
___ 4.
SCHEDULES ___
DOES IT CONTAIN A,B(1-33),C,D,E, F,G, and H ___
COMPARE D WITH A & B TO SEE IF ALL ASSETS ARE ACCOUNTED FOR ___
COMPARE D WITH A & B TO MAKE SURE THAT VALUES FOR PROPERTY MATCH ___
ARE ITEMS IN SCH. A & B SUFFICIENTLY ITEMIZED
(Such as inventory described, locations given for inventory and
real property, and values listed,
and names & addresses given for accts. Receivable) ___
DATES AND CONSIDERATIONS LISTED ON D,E & F ___
ADDRESSES ON D,E & F COMPLETE |
|
___ 5.
BUDGET/SCHEDULES I & J ___
COMPLETED ___
SEPARATE SCHEDULE J FOR SPOUSE IN SEPARATE HOUSEHOLDS |
|
___ 6.
SUMMARY OF SCHEDULES COMPLETED |
|
___ 7.
DECLARATION REGARDING SCHEDULES AND SUMMARY OF SCHEDULES ___
DATED ___
SIGNED |
|
___ 8. MATRIX WHICH
COMPLIES WITH LOCAL RULES |
|
___ 9. VERIFICATION ___
DATED ___
SIGNED BY ATTORNEY ___
SIGNED BY DEBTORS IF SKELETAL PETITION FILED |
|
___ 10. CLERK’S
NOTICE |
|
___ 11. DISCLOSURE OF
FEES (Must be $0 if debtor paying filing fee in installments) ___
DATED ___
SIGNED |
|
IF CHAPTER 13: ___ CHAPTER 13 PLAN
___ CERTIFICATE OF SERVICE OF PLAN ___
DATED
___ DATED ___
SIGNED
___ SIGNED |
|
If
Corporate: ___ PETITION PAGE MUST
BE SIGNED BY AN ATTORNEY (Pro Se not allowed) ___ CORPORATE
RESOLUTION BY BD. OF DIRECTORS AUTHORIZING A PARTICULAR INDIVIDUAL TO
FILE A SPECIFIC CHAPTER OF BANKRUPTCY AND TO PERFORM DUTIES OF
DEBTOR ___ EXHIBIT A
COMPLETED AND ATTACHED (If Ch. 11) ___ LIST OF EQUITY
SECURITY HOLDERS WITH DECLARATION (If Chapter 11) |
|
If
Partnership: ___ PETITION PAGE MUST
BE SIGNED BY AN ATTORNEY (Pro Se not allowed) ___ PARTNERSHIP
RESOLUTION SIGNED BY ALL PARTNERS AUTHORIZING A PARTICULAR INDIVIDUAL TO FILE A SPECIFIC CHAPTER OF BANKRUPTCY AND TO
PERFORM DUTIES OF
DEBTOR (Unless
all partners signed the Petition) |