Filing an Emergency Petition / Balance of Petition

Official Procedure Last Change December 1, 2017

Filing an Emergency Petition / Balance of Petition

S. D. Ind. B-1002-1

Emergency Petitions - General Information

Emergency Filing - Minimum Requirements:

Any voluntary petition filed without the schedules and statements required in Fed.R. Bankr.P. 1007 must be accompanied by:

If the debtor is an individual, either: (a) Certificate of Credit Counseling; (b) statement that credit counseling was completed but that the Certificate is not yet available; or, (c) a separate motion seeking a deferral or waiver of the credit counseling requirement pursuant to 11 U.S.C. § 109(h)(4)
One of the following:
- The appropriate filing fee
- An Application to Pay Filing Fee in Installments (Official Form B103A) along with the first installment payment
- Chapter 7 cases only: An Application Requesting Waiver of the Filing Fee (Official Form B103B)
If debtor is an individual, a Statement of Social Security Number
If filed non-electronically, the CD/diskette/USB drive required by S.D.Ind. B-1007-1(c)
If filed electronically, the Creditor List should be uploaded
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 (this can be filed using Schedule D if desired).

Any request for an extension of time to file the other documents required by this rule must comply with Fed.R.Bankr.P. 1007.

For step-by-step instructions on filing the Petition, follow the relevant procedures on filing a new case.

Filing the Balance of the Petition - General Information

When filing the balance of the petition, the following documents can be combined into one single PDF and filed using the instructions below.
- Schedules
- Summary of Schedules and Statistical Summary of Certain Liabilities
- Declaration to Schedules
- Statement of Financial Affairs
- Statement of Intention
- Attorney Statement of Compensation
- Corporate Ownership Statement
- Rights & Responsibilities of Chapter 13 Debtors & Their Attorneys
- Notice to Individual Consumer Debtor
- Verification of Creditor List

Note: Not all of these documents are required in every bankruptcy case.

All remaining documents should be in separate PDFs and filed separately.
Any creditors or parties listed on Schedules D, E/F, G or H that were not supplied on diskette or uploaded when the case was filed are subject to the filing requirements for Amended Schedules (e.g. current filing fee for Amended Schedules and a Certificate of Service on added creditors required).
A Declaration Under Penalty of Perjury (Form B106), signed by the debtor(s), is required for the Schedules.
Even if a Declaration Under Penalty of Perjury was filed at case opening (commonly done when filing some but not all of the schedules as part of the emergency filing), another Declaration must be included when filing the balance of the schedules.
Statement of Financial Affairs (Official Form B107) must contain a Declaration Under Penalty of Perjury signed by the debtor(s).

Step-by-Step Instructions to file balance of the Petition

1. Log into CM/ECF.

2. Select Bankruptcy > Schedules/Statement of Financial Affairs/Initial Required Documents.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select any of the following documents that you are including in the one PDF that you are filing. (Hold down the Ctrl key to select multiple items - the events you click should appear as a list on the right hand side under Selected Events.)

Corporate Ownership Statement
Disclosure of Compensation
Rights & Responsibilities of Chapter 13 Debtors & Their Attorneys
Schedule(s) - Incomplete Filings Only
Statement of Financial Affairs (First Filing or Amended)
Statement of Intention
Verification of Creditor List

The following two options should only be selected if you are not also filing schedules. (If you are filing schedules, you will have the chance to indicate whether the following two items are included with the schedules.)

Statistical Summary of Certain Liabilities
Summary of Schedules

After selecting all documents included in your PDF, click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Click to highlight the debtor(s) and click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the pdf file containing all the documents you selected in Step 4. Click Next.

8. If you indicated that you are filing a Corporate Ownership Statement:

a. Enter the name of any corporate parent or affiliate listed on the Statement and click Search.

b. If the correct company is found: Click to select them then click Select name from list.

If the correct company is not found:

i. Click Create new corporate parent / affiliate.

ii. Fill in the requested information and click Add corporate parent / affiliate.

iii. In the party selection screen, highlight the debtor and click Next.

iv. Repeat from step a. above to enter any additional corporate parents or affiliates.

v. If there are no more corporate parents or affiliates to add, click End corporate parent / affiliate selection.

9. If you indicated that you are filing Disclosure of Compensation, you are asked who the Disclosure is for. Select correct radio button and click Next.

10. Click Next.

11. If you indicated that you are filing a Rights and Responsibilities document, you are asked if it is amendment to a previously filed Rights and Responsibilities. Select the appropriate radio button and click Next.

12. If you indicated that you are filing schedules, check boxes to indicate all schedules/summaries that are being included and click Next.

13. If you indicated that you are filing Schedule G or Schedule H, you are asked if those schedules contain any parties that you did not include when you uploaded the original creditor list. Select the appropriate radio button and click Next.

14. If you indicated that you are filing Schedule D or E/F, you are asked if those schedules contain any creditors that you did not include when you uploaded the original creditor list. Select the appropriate radio button and click Next.

15. If you indicated that you are adding new creditors or parties:

a. A message is displayed. Click Next to go to the screen that allows you to add the new creditors or parties. You can do this by either typing the names and addresses individually (or copy-pasting them in) and clicking Next, or uploading a text file containing only the added creditors/parties. How to prepare a text file for uploading

b. A Notice to Added Creditors must be sent to them and a Certificate of Service filed with the Court. Select appropriate radio button to show whether or not this was done and click Next. (For further information on this requirement, see instructions for filing Amended Schedules)

c. The Amendment Fee due is displayed. Click Next.

16. One or two screens of statistical information are displayed. Input all information and click Next on each screen.

17. If you indicated that you are filing a Statement of Financial Affairs, you are asked if it is amendment to a previously filed Statement of Financial Affairs. Select the appropriate radio button and click Next.

18. If you indicated that you are filing a Statement of Intention, you are asked if it is amendment to a previously filed Statement of Intention. Select the appropriate radio button and click Next.

19. Final docket text is displayed. Click Next.

20. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

All remaining documents should be filed separately using the relevant instructions for that document type. The most common document types are shown below: