Rule 4002-1

DUTIES OF DEBTORS – PROCEDURES RELATING TO THE IMPLEMENTATION OF BANKRUPTCY CODE SECTION 521 – Amended [August 1, 2013]

  1. Payment Advices Required by Section 521(a)(1)(B)(iv). In a chapter 7, chapter 12, or chapter 13 case in which the debtor is an individual, copies of payment advices or other evidence of current income made available to the trustee under Bankruptcy Rule 4002(b)(2) shall not be filed with the Court.

     

  2. Request by Party in Interest for an Order of Dismissal under Section 521(i)(2). If a party in interest requests an order of dismissal under section 521(i)(2) of the Bankruptcy Code, the following procedures shall apply:

     

    1. The party in interest shall serve a copy of the request on the debtor’s attorney and the debtor at the same time that the party in interest sends the request to the Court.

       

    2. If the debtor objects to the request within seven (7) days of service, the debtor’s objection will be treated as a request for a hearing, which the Court shall schedule promptly.

       

    3. No order of dismissal will be entered until the debtor’s objection has been resolved, except that nothing herein shall affect the right of any party in interest to seek dismissal, or the authority of the Court to dismiss the case, pursuant to any other provision of applicable bankruptcy law.

       

Comment

     This rule was amended in 2013 to include in the Local Bankruptcy Rules the provisions contained in General Order M-382, relating to section 521(a)(1)(B)(iv) and section 521(i)(2) of the Bankruptcy Code. Subdivision (a) of this rule expands the scope of General Order M-382 by making it applicable chapter 12 cases, as well as in chapter 7 and chapter 13 cases and is amended further to conform to, and not duplicate, Bankruptcy Rule 4002(b). General Order M-382 was abrogated and replaced by this local rule in 2013.