(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 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.
(b) Eviction Judgments and Rent Deposits
(1) A Debtor who reports that a landlord has obtained an eviction judgment shall file, separately from the petition, the required Initial Statement About an Eviction Judgment Against You (Form 101A), serve a copy of the form on the landlord and the landlord’s counsel, and file a Certificate of Service. If applicable, the Debtor shall deliver to the Clerk, along with the voluntary petition and Form 101A (or within one day of filing, if the voluntary petition is filed electronically), a check or money order, made payable to the landlord, in the amount of rent due during the 30-day period after the filing of the voluntary petition.
(2) A Debtor who files the Statement About Payment of an Eviction Judgment Against You (Form 101B) shall do so within 30 days after the petition is filed and shall serve a copy of the form on the landlord and the landlord’s counsel and file a Certificate of Service.
(c) Emergency Filing: Minimum Required
A voluntary petition filed without the lists, schedules, statements, and other documents required by Fed.R.Bankr.P. 1007 and 11 U.S.C. §521 shall be accompanied by:
(1) if the Debtor is an individual, a certificate of counseling from an approved credit counseling agency or a Motion Requesting Temporary or Permanent Waiver of Credit Counseling Requirement under 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, creditor information in a form required by S.D.Ind. B-1007-1(b); and
(5) in a Chapter 11 case, the list of the 20 largest unsecured creditors and a list of creditors who have or claim to have a secured claim.
(d) Emergency Filing: Dismissal for Failure to Provide Required Documents
Failure to submit the above required items at the time of filing or within seven days thereafter may result in dismissal of the case under S.D. Ind. B-1017-1(b). A request for an extension of time to file the other documents required by this rule shall comply with Fed.R.Bankr.P. 1007.
(e) 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).
(f) Transfer to Correct Division
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.