STATEMENT OF INTENTION

U.S. Bankruptcy Court for the Eastern District of North Carolina

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of North Carolina

Rule: 1007-3

Jurisdiction: EDNCB

Bluebook Citation: Bankr. E.D.N.C. R. 1007-3

All Rules: Bankr. E.D.N.C. Local Bankruptcy Rules, complete index


Text

FOR INDIVIDUALS FILING UNDER CHAPTER 7 (a) (b) STATEMENT OF INTENTION. A chapter 7 debtor who is required to file a statement of intention pursuant to 11 U.S.C. § 521(a)(2)(A) shall serve a copy of the statement upon the creditor whose claim is secured by the property which is the subject of the statement. The debtor shall file a certificate of service with the clerk of court within seven days of the filing of the statement.

FAILURE TO PERFORM STATEMENT OF INTENTION.

If a chapter 7 debtor fails to perform the intention as required by 11 U.S.C. § 521(a)(2)(B), the court may, upon motion of the affected creditor, enter an ex parte order lifting the stay of 11 U.S.C. § 362(a) and order the debtor to turn over the property to the creditor. 10 Rule 1007-5 STATEMENT OF SOCIAL SECURITY NUMBER - SUBMISSION & PRIVACY (a) (b) AMENDMENTS/CORRECTIONS TO SOCIAL SECURITY NUMBER. If the petition was filed with a Statement About Your Social Security Number (Official Form 121) listing an incorrect social security number, another Official Form 121 shall be filed, by the debtor(s) or attorney for the debtor(s), with the corrected social security number using the event Statement of Social Security Number (Amended). The clerk shall make the correction to the social security number in the Electronic Case Filing System.

A copy of the corrected Official Form 121 shall be mailed to all creditors listed on the matrix by the debtor(s) or attorney for the debtor(s). A certificate of mailing stating that corrected Official Form 121 was mailed to all creditors and the date it was mailed shall be filed separately from the corrected Official Form by the debtor(s) or attorney for the debtor(s). An Amendment to the Petition listing the debtor’s last four digits of the social security number is necessary only when the correction is being made to any of the last four listed digits.

NOTICE TO NATIONAL CREDIT REPORTING AGENCIES.

The attorney shall also file Local Form 1007-5, Notice of Correction of Social Security Number. The Notice shall be mailed to the national credit reporting agencies. A certificate of mailing stating that the form was mailed to the three national credit reporting agencies at the addresses on their websites shall be filed separately by the debtor(s) or attorney for the debtor(s).

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