CAEB — Order Adopting Amended Interim Bankruptcy Rule 1007, Effective October 1, 2006

Source: https://www.caeb.uscourts.gov//documents/forms/generalorders/GO.06-04.pdf

Sparse pages use OCR; original PDF remains authoritative.

oO O@2N DO oO KR Ww NY = MM NM NM MH NY NY NYP NY NY B= B= B= |@s ow aw sw a ae | oN DO OA RF WYN |= DOD O DAN DOD oT FF WY = UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA FILED SEPT 28 2006 In re UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA ORDER ADOPTING AMENDED INTERIM BANKRUPTCY RULE 1007, EFFECTIVE OCTOBER 1, 2006 GENERAL ORDER 06-04 er ee WHEREAS, on October 19, 2005, this court, by way of General Order 05-04, adopted the Interim Bankruptcy Rules as amended by the Committee on Rules of Practice and Procedure and the Executive Committee of the Judicial Conference on October 13, 2005, to implement the substantive and procedural changes mandated by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, and WHEREAS, on September 19, 2006, the Judicial Conference approved the attached amendment to Interim Bankruptcy Rule 1007 and has recommended that bankruptcy courts adopt the amendment by way of standing order, to be effective October 1, 2006, NOW, THEREFORE, pursuant to 28 U.S.C. § 2071, Rule 83 of the Federal Rules of Civil Procedure and Rule 9029 of the Federal Rules of Bankruptcy Procedure, the attached amendment to Interim Bankruptcy Rule 1007 is adopted by this court effective October 1, 2006. For cases filed on and after October 1, 2006, the attached amended Interim Bankruptcy Rule supplants and supersedes Rule 1007 of the Federal Rules of Bankruptcy Procedure. DATED: September 28, 2006 FOR THE COURT: Honorable Michael S. McManus Chief Judge

Rule 1007. Lists, Schedules, Statements, and Other Documents; Time Limits Ok KOK (b) SCHEDULES, STATEMENTS, AND OTHER DOCUMENTS REQUIRED. te ae Fe I He (3) Unless the United States trustee has determined that the credit counseling requirement of § 109(h) does not apply in the district, an individual debtor must file a statement of compliance with the credit counseling requirement, prepared as prescribed by the appropriate Official Form which must include one of the following: (A) an attached certificate and debt repayment plan, if any, required by § 521(b); (B) a statement that the debtor has received the credit counseling briefing required by § 109(h)(1) but does not have the certificate required by § 521(b); (C) a certification under § 109(h)(3); or (D) a request for a determination by the court under § 109(h)(4). ok ok Kk OK (c) TIMELIMITS. Ina 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 15 days thereafter, except as otherwise provided in subdivisions (d), (e), (f), and (h) of this rule. In an involuntary case, the list in subdivision (a)(2), and the schedules, statements, and other documents required by subdivision (b)(1) shall be filed by the debtor within 15 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, if the debtor has filed a statement under subdivision (b)(3)(B), the documents required by subdivision (b)(3)(A) shall be filed within 15 days of the order for relief. In a chapter 7 case, the debtor shall file the statement required by subdivision (b)(7) within 45 days after the first date set for the meeting of creditors under § 341 of the Code, and in a chapter 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 for a discharge under § 1328(b). 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 motion for a discharge under §§ 1 141(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 for the filing of the 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. (Attachment to GO 06-04 -- Page 1 of 1)