CACB — First Amended General Order to Reflect Changes to Interim Rule 1007-1

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/general-orders/GO%2009-01%20first%20amended.pdf

Sparse pages use OCR; original PDF remains authoritative.

1 2 3 October 26, 2012 4 5 6 7 UNITED STATES BANKRUPTCY COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 11 In re ) )12 FIRST AMENDED GENERAL ) ORDER TO REFLECT CHANGES ) FIRST AMENDED13 TO INTERIM RULE 1007-I ) GENERAL ORDER 09-01 )14 ___________________________________ ) 15 16 IT IS HEREBY ORDERED that, effective December 1, 2012, to the extent that General 17 Order 09-01 adopted Interim Rule 1007-I of the Federal Rules of Bankruptcy Procedure18 19 (”Interim Rule 1007-I”), General Order 09-01 is revised to adopt the conforming amendment to 20 Interim Rule 1007-I, effective December 1, 2012, which removed an inconsistency created by 21 an amendment to Rule 1007, effective December 1, 2010, as set forth in Attachment A. In all 22 other respects, General Order 09-01 is unchanged. 23 DATED: October 26, 201224 25 PETER H. CARROLL 26 Chief Judge, United States Bankruptcy Court 27 28

10 11 12 13 14 Interim Rule 1007-L.! Lists, Schedules, Statements, and Other Documents; Time Limits; Expiration of Temporary Means Testing Exclusion’ RR RE (b) SCHEDULES, STATEMENTS, AND OTHER DOCUMENTS REQUIRED. RRA KE (4) Unless either: (A) § 707(b)(2)(D)(D applies, or (B) § 707(b)(2)(D)(ii) applies and the exclusion from means testing granted therein extends beyond the period specified by Rule 1017(e), an individual debtor in a chapter 7 case shall file a statement of current monthly income prepared as prescribed by the appropriate Official Form, and, if the current monthly income exceeds the median family income for the applicable state and household size, the information, including calculations, required by § 707(b), prepared as prescribed by the appropriate Official Form. RR OR OR ' Interim Rule 1007-1 has been adopted by the bankruptcy courts to implement the National Guard and Reservists Debt Relief Act of 2008, Public Law No: 110-438, as amended by Public Law No. 112-64. The amended Act, which provides a temporary exclusion from the application of the means test for certain members of the National Guard and reserve components of the Armed Forces, applies to bankruptcy cases commenced in the seven-year period beginning December 19, 2008. 2 Incorporates (1) time amendments to Rule 1007 which took effect on December 1, 2009, and (2) an amendment, effective December I, 2010, which extended the time to file the statement of completion of a course in personal financial management in a chapter 7 case filed by an individual debtor, and (3) a conforming amendment, effective December 1, 2012. which removed an inconsistency created by the 2010 amendment.

15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34. 35 36 gf (c) TIME LIMITS. In a voluntary case, the schedules, statements, and other documents required by subdivision (b)(1), (4), (5), and (6) shall be filed with the petition or within 14 days thereafter, except as otherwise provided in subdivisions (d), (e), (f), (h), and (n) of this rule. In an involuntary case, thetistin subdivision taj(2};and the schedules, statements, and other documents required by subdivision (b)(1) shall be filed by the debtor within 14 days of the entry of the order for relief. In a voluntary case, the documents required by paragraphs (A), (C), and (D) of subdivision (b)(3) shall be filed with the petition. Unless the court orders otherwise, a debtor who has filed a statement under subdivision (b)(3)(B), shall file the documents required by subdivision (b)(3)(A) within 14 days of the order for relief. Ina chapter 7 case, the debtor shall file the statement required by subdivision (b)(7) within 60 days after the first date set for the meeting of creditors under § 341 of the Code, and in a chapter 11 or 13 case no later than the date when the last payment was made by the debtor as required by the plan or the filing of a motion fora discharge under § 1141(d)(5)(B) or § 1328(b) of the Code. The court may, at any time and in its discretion, enlarge the time to file the statement required by subdivision (b)(7). The debtor shall file the statement required by subdivision (b)(8) no earlier than the date of the last payment made under the plan or the date of the filing of a

38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 54 55 56 58 59 60 motion for a discharge under §§1141(d)(5)(B), 1228(b), or 1328(b) of the Code. Lists, schedules, statements, and other documents filed prior to the conversion of a case to another chapter shall be deemed filed in the converted case unless the court directs otherwise. Except as provided in § 1116(3), any extension of time to file schedules, statements, and other documents required under this rule may be granted only on motion for cause shown and on notice to the United States trustee, any committee elected under § 705 or appointed under § 1102 of the Code, trustee, examiner, or other party as the court may direct. Notice of an extension shall be given to the United States trustee and to any committee, trustee, or other party as the court may direct. (n) TIME LIMITS FOR, AND NOTICE TO, DEBTORS TEMPORARILY EXCLUDED FROM MEANS TESTING. (1) An individual debtor who is temporarily excluded from means testing pursuant to § 707(b)(2)(D)(ii) of the Code shall file any statement and calculations required by subdivision (b)(4) no later than14 days after the expiration of the temporary exclusion if the expiration occurs within the time specified by Rule 1017(e) for filing a motion pursuant to § 707(b)(2). (2) If the temporary exclusion from means testing under § 707(b)(2)(D)(ii) terminates due to the circumstances specified in

61 62 63 64 65 subdivision (n)(1), and if the debtor has not previously filed a statement and calculations required by subdivision (b)(4), the clerk shall promptly notify the debtor that the required statement and calculations must be filed within the time specified in subdivision (nj).