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 and 1007, 11 U.S.C. §§301 and 521, or by subparagraph (b) of this rule. Filings can be made either electronically or non-electronically under S.D. Ind. B-5005-1 and B-5005-4.
The Corporate Ownership Statement required to be filed by a corporation responding to a petition for recognition of a foreign proceeding under Fed.R.Bankr.P. 1012(c) shall also be filed by each non-individual respondent.
A Debtor seeking to avoid a lien under 11 U.S.C. §522(f) shall file a separate motion as to each lien. The motion shall identify:
(1) the petition date;
(2) the value of the subject collateral;
(3) the amount, listed separately, of all mortgages and other liens on the property which the Debtor will not seek to avoid, and a list of the liens on the property which the Debtor will seek to avoid;
A Debtor seeking to avoid an unsecured mortgage in a Chapter 13 case shall file a separate adversary proceeding as to each lien holder. In addition to other required allegations, the complaint shall identify:
(1) the mortgage to be avoided;
(2) the other mortgages and liens on the real estate which the Debtor asserts have higher priority than the mortgage to be avoided, and the amount owed on those mortgages and liens, listed separately;
The Chapter 12 or 13 trustee shall file a Notice of Plan Completion after all payments have been received. Sample forms are available on the Court’s website.
Within 30 days after the trustee files the notice of completion, the Debtor shall file a Motion for Entry of Discharge and in individual cases, a Certification of Eligibility for Discharge. Each individual Debtor in a joint case shall file a separate Certification. Sample forms are available on the Court’s website.
If the case has been confirmed under 11 U.S.C. §1191(a) and the Debtor is an individual, the Court shall enter the discharge immediately after entry of the confirmation order.
The deadlines under Fed.R.Bankr.P. 4004(a) for filing a complaint or motion objecting to discharge under §727, and for filing a motion objecting to discharge under §1328(f), are modified as follows:
If a case is dismissed prior to the expiration of the deadline for objecting to discharge and subsequently reinstated:
The deadline under Bankruptcy Rule 4007(c) for filing a complaint objecting to dischargeability of a debt is modified in the following circumstances:
If a case is dismissed prior to the expiration of the deadline for objecting to dischargeability and subsequently reinstated:
Reaffirmation agreements shall be filed using the Administrative Office of the U.S. Courts Director’s Procedural Forms for reaffirmation agreements 2400A or 2400A/B Alt., as well as the cover sheet Official Form 427. Failure to use these required forms will result in a notice of deficient filing, and the Court will take no action on the reaffirmation agreement.
An entity that filed more than ten documents on paper in the previous calendar year is required to file electronically. A party not represented by counsel may file documents on paper.
All petitions, pleadings, and other documents submitted for filing shall meet the following requirements of form:
Documents shall be plainly and legibly typewritten, printed, or reproduced on one side of the paper only.