REAFFIRMATION

U.S. Bankruptcy Court for the Southern District of Indiana

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of Indiana

Rule: B-4008-1

Jurisdiction: SDINB

Bluebook Citation: Bankr. S.D. Ind. R. B-4008-1

(a) Official Bankruptcy Forms Required Reaffirmation agreements shall be filed using the Administrative Office of the U.S. Courts Director’s Procedural Forms for reaffirmation agreements 2400A or 2400A/B Alt., as well as the cover sheet Official Form 427. Failure to use these required forms will result in a notice of deficient filing, and the Court will take no action on the reaffirmation agreement. (b) The Debtor’s Appearance Required If the Court sets a hearing to consider a reaffirmation agreement, the Debtor shall appear at the hearing. The hearing will be evidentiary.

(c) Duties of the Debtor’s Counsel Unless the attorney has withdrawn as attorney for the Debtor under S.D.Ind. B-9010-1, an attorney who files a petition on behalf of a Debtor or an attorney in the same firm as the filing attorney shall represent the Debtor during the negotiation and filing of a reaffirmation agreement and appear at related hearings. 45 | P a g e B-5005-1. FILING OF DOCUMENTS: GENERAL REQUIREMENTS (a) Method of Filing An entity that filed more than ten documents on paper in the previous calendar year is required to file electronically.

A party not represented by counsel may file documents on paper. (b) Form All petitions, pleadings, and other documents submitted for filing shall meet the following requirements of form: (1) Legibility Documents shall be plainly and legibly typewritten, printed, or reproduced on one side of the paper only. (2) Caption: Official Forms The caption and form of all petitions, pleadings, schedules, and other documents shall be in substantial compliance with the Federal Rules of Bankruptcy Procedure, Official Forms, or local rules for the Southern District of Indiana. Each document or set of documents filed shall bear the name of the Debtor and chapter of the case.

Each document other than the original petition shall also have the case number. (3) Signature Every pleading, whether filed electronically or on paper, shall be signed. Any pleading lacking a signature shall be stricken from the record, if not corrected after notice to the filer. (c) Filing Non-Electronically (1) Over the Counter A party filing a document over the counter shall provide a signed original and a copy (or two originals).

The file-marked original will be returned to the filer, and shall be retained by the filer as required by the Court’s Electronic Case Filing Administrative Policies and Procedures Manual available on the Court’s website. For pro se joint cases filed under 11 U.S.C. §302, only one spouse need be present. (2) By Mail For documents submitted by mail, the filer shall provide a signed original, a copy (or two originals), and a self-addressed, stamped envelope. A file-marked original will be returned to the filer and shall be retained by the filer as required by the Electronic Case Filing Administrative Policies and Procedures Manual, available on the Court’s website.

46 | P a g e (3) Failure to Provide Copy or Self-Addressed, Stamped Envelope A party who fails to provide a copy (or second original) or a self-addressed, stamped envelope for pleadings submitted by mail shall be presumed to have retained an original as required by the Electronic Case Filing Administrative Policies and Procedures Manual (available on the Court’s website). The Clerk shall not return the original to the filer. Documents that are not returned to the filer will be discarded by the Clerk after scanning.

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