Notice of Responsibilities of Chapter 7 and 13 Debtors and Their Attorneys

In any chapter 7 or chapter 13 case in which the debtor is represented by an attorney, the attorney must file with the petition a Notice of Responsibilities. The Notice of Responsibilities must conform to Local Form 1007-3-1(7) in chapter 7 cases and Local Form 1007-3-1(13) in chapter 13 cases. [Effective October 15, 2010. Amended effective July 17, 2023.] 2023 Advisory Committee Notes Local Rule 1007-3-1 was amended to clarify that the attorney must file with the petition a Notice of Responsibilities. The former language that directed that the Notice of Responsibilities include a scanned image of the signature page has been deleted to conform to the 2023 amendments made to Local Rule 9011-1 concerning electronic signatures.

10 Rule 1007-4. [ABROGATED] [Effective April 15, 1997. Amended effective January 9, 2006; October 1, 2019; June 1, 2021. Abrogated effective July 17, 2023.] 2023 Advisory Committee Notes Local Rule 1007-4 was abrogated to ensure consistency with Fed. R. Bankr. P. 1017(c) and (f); the rule number is reserved for possible future use. Rule 1017(c) permits the court to dismiss chapter 7 and chapter 13 cases for failure to file required documents “after a hearing on notice served by the United States trustee on the debtor, the trustee, and any other entities the court directs.” Rule 1017(f) provides the procedures for dismissal, conversion, or suspension.

Rule 1008-1. [ABROGATED] [Effective April 15, 1997. Amended effective January 1, 2002; January 9, 2006. Abrogated July 17, 2023.] 2023 Advisory Committee Note Local Rule 1008-1 was abrogated; the rule number is reserved for possible future use. Local Rule 1008-1 had one remaining subsection concerning proof of authority to file a petition for all non-individual debtors.

The Voluntary Petition for Non-Individuals Filing for Bankruptcy (Official Form 201) in part 17 addresses the declaration and signature of an authorized representative of the debtor, and specifically has the signatory declare under penalty of perjury that “I have been authorized to file this petition on behalf of the debtor.” Further, an individual who is authorized to act on behalf of a non-individual debtor must also file the Declaration Under Penalty of Perjury for Non-Individual Debtors (Official Form 202) when signing and submitting the schedules of assets and liabilities, any other document that requires a declaration that is not included in the document, and any amendments to those documents. Accordingly, it was no longer necessary to have a Local Form 1008-1 to serve as separate proof of authority to file a petition; both the rule and Local Form 1008-1 were abrogated.