Rule 2084-2

Filing Requirements

(a) Application to Pay Fee in Installments.  If the debtor is not paying the entire fee with the petition, the debtor shall file with the petition an application for payment of the filing fee in installments.

(b) Statement of Financial Affairs and Operating Reports.  If the debtor is self employed or engaged in business, the debtor also shall:

(1) Complete the portion of the Statement of Financial Affairs for a debtor who is self employed or engaged in business; and

(2) File a monthly operating statement for the month in which the debtor filed the petition and ongoing monthly operating reports for the self employment or business.  The case trustee may designate the form of the operating statement the debtor must use.

(c) Dismissal for Failure to File Documents.  If a debtor files a petition without the documents required by Bankruptcy Code § 521, the federal or local rules of bankruptcy procedure and, when applicable, paragraph (b), the debtor shall file the missing documents within the time periods specified in the federal, interim or local bankruptcy rules of procedure or, if cause exists, file a motion within that time to obtain an order extending the time to file the documents.  Rarely will the court grant an extension of time of more than 28 days after the petition date to file the statement of financial affairs, schedules, original plan, attorney’s disclosure of compensation, the documents required by Bankruptcy Code § 521 or paragraph (b), or a certificate of service of the plan.  If a debtor timely fails to file the documents, then the court may dismiss the case without further notice or a hearing, the case trustee may upload a dismissal order, or a party in interest may file a motion to dismiss the case.

Committee Notes 2009: Time deadlines have been amended to be consistent with amendments to the Federal Rules of Bankruptcy Procedure, effective December 1, 2009.


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