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B-1002-1. FILING REQUIREMENTS TO COMMENCE A VOLUNTARY CASE

(a)   Initial Filing

A voluntary case is commenced by the filing of a voluntary petition along with the lists, schedules, statements, and other documents required by Fed.R.Bankr.P. 1002, 1007 and 11 U.S.C. §§301 and 521 or by subparagraph (b) of this rule. Filings can be made either electronically or non-electronically in accordance with S.D. Ind. B-5005-1(c) and B-5005-4.

(b)   Emergency Filing: Minimum Required

Any voluntary petition filed without the lists, schedules, statements, and other documents required by Fed.R.Bankr.P. 1007 and 11 U.S.C. §521 must be accompanied by:

(1)     if the Debtor is an individual, a certificate of counseling from the course provider or, if the certificate is not filed, a Motion Requesting Temporary or Permanent Waiver of Credit Counseling Requirement pursuant to 11 U.S.C. §109(h);

(2)     if the Debtor is an individual, a Statement of Social Security Number (Official Form 121);

(3)     the appropriate filing fee, an Application to Pay Filing Fee in Installments (Official Form 103A) or, if a Chapter 7, an application requesting waiver of the filing fee (Official Form 103B);

(4)     uploaded creditor information necessary to provide proper notice to all scheduled creditors or, if filed non-electronically, the CD, diskette, DVD, flash drive, or other acceptable medium required by S.D.Ind. B-1007-1(b); and

(5)     in a Chapter 11 case, the list of the twenty largest unsecured creditors and a list of creditors who have or claim to have a secured claim.

(c)   Emergency Filing: Dismissal for Failure to Provide Required Documents

Failure to submit the above required items at the time of filing or within seven (7) days thereafter may result in dismissal of the case pursuant to S.D. Ind. B-1017-1(b). Any request for an extension of time to file the other documents required by this rule must comply with Fed.R.Bankr.P. 1007.

(d)   Filing a Case Non-Electronically

For cases filed non-electronically, the filing party shall comply with the filing requirements in S.D.Ind. B-5005-1(c).

(e)   Place of Filing

For cases filed non-electronically, all petitions, lists, schedules, statements, and other documents required by the Bankruptcy Court to commence a case shall be filed with the office of the Clerk in the division where the principal place of business, domicile, residence, or principal assets of the Debtor have been located for such period of time as required by 28 U.S.C. §1408. If the Court determines that a case has been filed in the incorrect division, the Court may transfer the case to the correct division without notice. All papers tendered for filing after the commencement of a case shall be filed with the office of the Clerk in the division where the case is pending.