Bankruptcy Lawyers Los Angeles - Filing And Sevice of Petitions, Plans, Proofs Of Claims And Others
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Bankruptcy Lawyers Los Angeles - Filing And Sevice of Petitions, Plans, Proofs Of Claims And Others

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(b) FILING AND SERVICE OF PETITIONS, PLANS, PROOFS OF CLAIM, AND OTHER FORMS

(1)
Filing of Petition. As required by Local Bankruptcy Rule 1002-1(e), an original and 4 copies of the petition, plan, schedules and statement of financial affairs shall be filed with the court, along with 2 copies of a master mailing list. If the chapter 13 schedules, statement and plan are not filed with the petition, the clerk shall thereupon issue an order notifying the debtor that, if the plan, schedules and statement are not filed within 15 days, the case shall be dismissed at that time with a 180-day bar to refiling, unless the court grants a motion to extend time filed within said 15 days.
(2)
Time Extension. A motion for extension of time must be accompanied by a declaration showing specific cause for an extension of time, the amount of additional time requested, the date the petition was filed, and a proof of service evidencing that the motion and declaration were served on the chapter 13 trustee. The court may consider the motion without a hearing. If any schedule, the statement or the plan is not filed within the initial 15 days or within such additional time as the court may allow in response to a timely motion for extension of time, the court shall dismiss the case with a 180-day bar to refiling.
(3)
Notice Service. The debtor or debtor’s attorney shall serve a notice of the plan confirmation hearing, along with a copy of the chapter 13 plan, on all creditors and the chapter 13 trustee at least 33 days before the date first set for the § 341(a) meeting of creditors. A proof of service shall be filed with the court and served on the chapter 13 trustee at least 10 days prior to the date first set for the meeting of creditors.
(4)
Forms. The chapter 13 petition, schedules and statement of financial affairs and proofs of claim must be prepared as prescribed by the appropriate official form, as required by F.R.B.P. 1007(b)(1). All other chapter 13 papers filed by the debtor or debtor’s attorney must be submitted on applicable Central District court-approved forms, or be prepared in the same format. These forms include, but are not limited to the following:
  • Chapter 13 Plan
  • Notice of § 341(a) Meeting and Hearing on Confirmation of Chapter 13 Plan with Copy of Chapter 13 Plan
  • Order Confirming Plan
  • Memorandum of Receipts and Disbursements
  • Statement of Attorney Pursuant to F.R.B.P. 2016(b) and Order Thereon
  • Motion to Modify/Suspend Plan Payments, Trustee’s Comments, and Order Thereon
  • Debtor’s Application for Voluntary Dismissal of Chapter 13 with Proof of Service and Order Thereon
  • Debtor’s Conversion of Chapter 13 Case to Chapter 7 and Proof of Service

If the debtor does not use a court-approved form, the debtor or debtor’s attorney shall include a statement under penalty of perjury that the document contains all of the language of the approved form, or that specifies each respect in which it differs (apart from filling in blanks). No chapter 13 papers shall be served on the United States trustee, except as provided in sections (j) and (q) herein and when the United States trustee serves as a chapter 13 trustee. The court-approved forms can be obtained from the clerk’s office or downloaded from the court’s web site <www.cacb.uscourts.gov>.

(5) Proof of Claim. Each proof of claim shall be in conformity with F.R.B.P 3002 and shall be served on the debtor’s attorney, or on the debtor if the debtor is not represented by counsel, and on the chapter 13 trustee. Each proof of claim shall include a proof of service.