PETITION AND CASE COMMENCEMENT DOCUMENTS GENERAL

(a) Debtor’s Street Address. (1) Filed with Petition. 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. (2) Change of Address.

Using the court-approved form, pursuant to FRBP 4002(a)(5), a debtor must file and serve a change of address each time a debtor’s street address or post office box changes. (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 email 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. 2 LBR 1002-1 (c) Required Case Commencement Documents. A list of all documents required to file a voluntary bankruptcy case under chapter 7, 11, and 13, is contained in The Central Guide and Petition Packages.

(d) Redaction of Personal Identifiers. (1) Unless otherwise ordered by the court, a party in interest 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 121, Statement About Your Social Security Numbers]. (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. (3) If the debtor wishes to block public access to a filed document containing a personal identifier, a motion is required and may be filed and served pursuant to LBR 9037-1.

(e) 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.

3 LBR 1006-1. PETITION FILING FEES (a) Payment of the Petition Filing Fee in Installments. LBR 1006-1 (1) Eligibility. Only an individual debtor who is unable to pay the full filing fee for a voluntary petition under chapter 7, 11, 12, or 13, may apply for permission to pay the filing fee in installments.

A corporation, partnership, limited liability company, unincorporated association, trust, or other artificial entity must pay the filing fee in full at the time the petition is filed. (2) Application. The debtor must file a written application for an order permitting payment of the filing fee in installments. The application must be accompanied by a declaration under penalty of perjury establishing that the debtor is unable to pay the filing fee except in installments.

The application and declaration must be completed on forms prescribed by the court and presented for filing with the petition. If unrepresented by an attorney, or if required by the court, the debtor must also present evidence of personal identification in the form of a valid government-issued driver’s license or identification card, or other similar form of identification satisfactory to the clerk. (3) Hearing. On the petition date or at a later date and time the designated judge may select for a hearing, the debtor must appear personally before a designated judge to present the application, supporting declaration, and proposed order.

The debtor must provide sworn testimony regarding the basis for the application and circumstances of the bankruptcy filing. Unless the court expressly waives the requirement of personal appearance, the debtor’s failure to appear and testify at the prescribed time and place will result in denial of the application and dismissal of the bankruptcy case. (4) Notice. Compliance with the notice and service requirements of LBR 9013-1 is not required, unless otherwise ordered by the designated judge.

(5) Order. An order authorizing payment of the filing fee in installments must fix the number of installments and the amount and due date of each installment. The number of installments must not exceed 4. The final installment is payable not later than 120 days after the filing of the petition, unless extended by the court for cause shown to a date not later than 180 days after the petition date.

The first payment must be at least $30, unless otherwise ordered by the court. (6) Dismissal for Nonpayment. The debtor’s failure to pay any installment when due may result in dismissal of the case without further notice and hearing. 4 (b) Waiver of Chapter 7 Filing Fee.

LBR 1007-1 (1) Eligibility. Only an individual debtor may file an application to waive the filing fee in a chapter 7 case. (2) Application. The debtor must submit a written application for an order waiving payment of the filing fee in a chapter 7 case.

The application must be accompanied by a declaration under penalty of perjury establishing that the debtor qualifies for a waiver and is unable to pay the filing fee. The application and declaration must be completed on forms prescribed by the court and presented for filing with the petition. If unrepresented by an attorney, or if required by the court, the debtor must also present evidence of personal identification in the form of a valid government-issued driver’s license or identification card, or other similar form of identification satisfactory to the clerk. (3) Hearing.

On the petition date or at a later date and time the designated judge may select for a hearing, the debtor must appear personally before a designated judge to present the application, supporting declaration, and proposed order. The debtor must provide sworn testimony regarding the basis for the application and circumstances of the bankruptcy filing. Unless the court specifically waives the requirement of personal appearance, the debtor’s failure to appear and testify at the prescribed time and place will result in denial of the application and dismissal of the bankruptcy case. (4) Notice.

Compliance with the notice and service requirements of LBR 9013-1 is not required, unless otherwise ordered by the designated judge. (5) Order. An order denying an application to waive the chapter 7 filing fee may provide for payment of the filing fee in installments pursuant to LBR 1006- 1(a)(5).