Pay Advices or Statement in Lieu

Official Procedure Last Change September 29, 2017

Pay Advices/Statement in Lieu

How to file: Location of event: Bankruptcy > Schedules/Statement of Financial Affairs/Initial Required Documents > Pay Advices and/or Statement in Lieu of Pay Advices Things to be aware of when filing: Pay advices must contain the name of the debtor to whom they belong. Statement in Lieu of Pay Advices must be signed by the debtor or debtor's attorney.

11 USC 521(a)(1)(B)(iv) FRBP 1007(b)(1)(E) S. D. Ind. B-1007-1(a)(5), B-1007-5

General Information

• Within 14 days of filing of a new Bankruptcy Petition, the Debtor(s) must file copies of all payment advices or other evidence of payment, if any, received by the debtor from an employer within 60 days before the filing of the petition. The Bankruptcy Case may be dismissed if these documents or a Motion for Extension of Time is not timely filed.
• If the required pay advices are not available for any reason, a signed Statement in Lieu must be filed stating the reason for non-availability.
• Pay advices and statements in lieu are restricted in ECF and PACER to access by court staff and the assigned case trustee only. Any party in interest who wants to receive a copy of the documents to which access has been restricted may request same from the Debtor.

Filing requirements 

• All but the last four digits of the debtor’s social security number must be redacted from the pay advices.
• Pay advices must show the debtor's name to whom the advice refers.
• Pay advices or a Statement in Lieu must be filed for each debtor in a joint case. The pay advices/Statement in Lieu for both debtors may be combined into one PDF and filed together, if desired.
• Pay advices/Statement in Lieu may not be combined with any other document (e.g. the Voluntary Petition).
• A Statement in Lieu of Pay Advices must be signed by the debtor or debtor's attorney.

Step-by-Step Instructions

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 Pay Advices and/or Statement in Lieu of Pay Advices from the event list and click Next.

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

6. Select the debtor(s) whose pay advices/Statement in Lieu are included in the PDF being filed 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 document to be filed (pdf file). Click Next.

8. If filing on a joint case:

• If you selected both debtors in Step 6 above (i.e. you are filing documentation for both debtors included in the one PDF), click the Yes radio button and click Next.

Note: If you are not filing documentation for both debtors included in the one PDF, click the Back button on your browser until you reach the party selection screen, then redo from Step 6 choosing only the name of the debtor whose documentation is included in the PDF

• If you only selected one of the debtors in Step 6 above, that party is displayed. If that is the party for whom the pay advices/Statement in Lieu is being filed, click Next. If not, click the Back button on your browser until you reach the party selection screen, then redo from Step 6.

9. Select prefix text, if applicable, and click Next.

10. 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.