Local Bankruptcy Rules – Western District Of Oklahoma

| Local Bankruptcy Rules

RULE 1007-1 LISTS, SCHEDULES AND STATEMENTS

A. Assembly of Petition Accompanying Papers. Documents required for commencing a case under a particular chapter are set forth below and shall be assembled in the order set forth below:

Voluntary Petitions without Schedules and Statement of Financial Affairs: Petition, with debtor’s declaration; Exhibit “A” to the Petition if the debtor is a corporation; if applicable, Exhibit “D” to the petition (Individual Debtor’s Statement of Compliance with Credit CounselingRequirement); attorney compensation disclosure statement, signed by the attorney; for chapter 11 cases, a list containing the names and addresses of the twenty (20) largest creditors; for individual debtors in chapters 7, 11 and 13, the appropriate Official Form B22 regarding monthly income; and a creditor mailing matrix complying with Local Rule 1007-1.C.

Voluntary Petitions with Schedules and Statement of Financial Affairs: Petition, with debtor’s declaration; Exhibit “A” to the Petition if the debtor is a corporation; if applicable, Exhibit “D” to the petition (Individual Debtor’s Statement of Compliance with Credit CounselingRequirement); attorney compensation disclosure statement, signed by the attorney; for chapter 11 cases, a list containing the names and addresses of the twenty (20) largest creditors; Summary of Schedules, Schedules A through J and the debtor’s declaration; Statement of Financial Affairs and the debtor’s declaration; for individual debtors in chapters 7, 11 and 13, the appropriate Official Form B22 regarding monthly income; and a creditor mailing matrix complying with Local Rule 1007-1.C.

Chapter 9 Cases: Petition with Debtor’s declaration, a list containing the names and addresses of each entity that would be included on Schedules D, E, F, G and H, and a list of the twenty (20) largest unsecured creditors including their name, address and claim amount.

B. Ownership Statement. Any artificial entity, other than a governmental unit, that is a debtor shall file a statement that identifies all publicly held entities, other than a governmental unit, that directly or indirectly own ten percent (10%) or more of any class of the entity’s equity interest, or states that there are no such entities to report. The ownership statement shall be made in a separate Document to be filed concurrently with the petition. A supplemental ownership statement shall be filed promptly to reflect any change in the information that is required to be disclosed.

C. Creditor Mailing Matrix. The creditor mailing matrix must comply with the CM/ECF Style Guide, as may be amended (available on the Court’s website (http//www.okwb.uscourts.gov)), and with the following formatting requirements:

1. Addresses. All addresses must be presented using only postal standard abbreviations as directed by the United States Postal Service in the publication “Postal Table of Contents 5 Addressing Standards.” The two letter state identifier as prescribed by the United States Postal Service must be used. All addresses must not contain punctuation such as periods or commas; a single space should be used in lieu of punctuation. Zip codes must appear only on the same line as the city and state. Do not place the zip code on a separate line. A hyphen shall be used if a zip+4 code is used.

2. Print Styles. The mailing matrix must be in 12 pitch and in all upper case letters. Do not use light, bold, expanded, condensed, script, italics or other types of stylization such as shading.

3. Single Column. The mailing matrix must be typed in a single column, left justified on a two and one half (2 1/2) inch left margin with no less than one (1) inch top and bottom margins.

4. Spacing. Each name and address must consist of no more than five total lines, with at least three blank lines between each name and address block.

5. Character. Each line must be no more than forty (40) characters in length. No special characters shall be used, except a hyphen in the zip code. A single space shall be used in lieu of special characters.

6. Attention Lines and Account Numbers. The person or departments to whom a notice should be routed shall be listed by name on the first line of an address block. Do not include the word “attention” or the phrase “in care of,” or any abbreviation thereof, as part of any line in an address block. Account numbers shall not be included on any line.

7. Duplicate Addresses. Do not list any entity twice at the same address, no matter how many accounts with, or claims against, a debtor an entity may have.

8. Paper Quality. The mailing matrix must be printed on white paper, letter sized (8 1/2 x 11) and of standard weight. Do not use onion skin, colored or erasable bond paper.

9. Stray Marks and Miscellaneous Information. Do not place page numbers on any page of the list. Do not print any type of header or title on any page of the list.

10. Verification. The mailing list and any amendment thereto must be verified, or accompanied by an unsworn declaration under penalty of perjury, as to its accuracy and completeness, as required by Bankruptcy Rule 1008. See Local Form 1.

11. Filing and Uploading. The creditor matrix shall be filed in PDF format with the Petition. The creditor matrix must also be uploaded to the ECF System as a “.txt” document with the petition. Failure to timely upload the creditor matrix may result in the issuance of an order to show cause why the bankruptcy case should not be dismissed for such failure and setting a twenty-four (24) hour deadline to upload the creditor matrix or the case will be dismissed. Instructions for preparing the matrix as a text document are available on the Court’s website (www.okwb.uscourts.gov).

12. Amended Matrices. Any amendment to the creditor matrix shall be formatted as specified in this rule. An amended matrix shall include only the newly added or modified creditors.

D. Payment Advices. Within fourteen (14) days of filing a bankruptcy petition, each individual debtor shall file a “Pay Advice Cover Sheet” (Local Form 2), together with copies of all payment advices or other evidence of payment (such as paycheck stubs, direct deposit statements, employer’s statement of hours and earnings) received from the debtor’s employer within sixty (60) days before the date the debtor filed his/her bankruptcy case. The debtor’s social security number and any identifying account numbers shall be redacted from any pay advices. If a debtor has no income or has only social security or other retirement income, the debtor may submit with the “Payment Advice Cover Sheet,” an affidavit stating such facts. Failure to timely file the “Payment Advice Cover Sheet” and payment advices or debtor affidavit shall constitute cause for dismissal of a bankruptcy case without further notice or a hearing.

E. Privacy. With the exception of the debtor’s Statement of Social Security Number, the debtor and debtor’s counsel shall redact the following personal data identifiers from tax returns or transcripts, bank statements, payment advices and all other Documents before filing: all but the last four digits of the social security number; all names of minor children (use minors’ initials); all but the last four digits of any bank, savings or similar account numbers; and birth date except for the year. The responsibility for redacting personal data identifiers rests solely with the debtor and debtor’s counsel. The Clerk will not review Documents for compliance with this rule, seal Documents containing personal data identifiers without a Court order, or redact such information from Documents, whether filed electronically or on paper.

F. Statement of Social Security Number. An individual debtor who is not represented by an attorney should submit, not file, a Statement of Social Security Number on the appropriate Official Form to the Clerk at the time of filing the petition. When a case is filed electronically, the ECF System will allow for the manual input of the full social security number; however, the attorney of record shall submit the Statement of Social Security Number to the Clerk within one (1) day of the filing of the petition.

G. Taxing Authorities. Copies of the list of addresses of taxing authorities shall be made available by the Clerk upon request and are available on the Court’s website (http://www.okwb.uscourts.gov).

H. Late Filing of Papers. When the schedules, statement of financial affairs, and other papers are filed after the filing of the petition, they must be assembled in the same order as though they had been filed with the petition.

I. Notice to Trustee. Any statement of intention respecting surrender or retention of property made under the provisions of 11 U.S.C. § 521(2)(A) must be served on the trustee and all creditors affected, with a certificate of service complying with Local Rule 9007-1.

J. Performance of Stated Intention. Upon performance of a stated intention but no later than thirty (30) days after the first date set for the meeting of creditors, pursuant to 11 U.S.C. § 521(a) (2)(B), the debtor must promptly advise the trustee in writing of such performance.