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 ˝ x 11 inch white paper of good quality, reasonably opaque and not onionskin (exhibits and attachments to pleadings shall be reduced to 8 ˝ 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 ˝ inches at the top of each page;

4)     have a margin of 2 ˝ inches at the bottom of the first page of the pleading (or a 2 ˝ x 2 ˝ 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)