1. Pursuant to 28 USC 1408, a case under title 11 may be commenced
in the district in which the domicile, residence, principal place of business
in the United States, or principal assets in the United States, of the
person or entity that is the subject of such case have been located for
the one hundred and eighty days immediately preceding such commencement,
or for a longer portion of such one-hundred-and-eighty day period than
the domicile, residence, or principal place of business, in the United
States, or principal assets in the United States, of such person were located
in any other district; or in which there is pending a case under title
11 concerning such person's affiliate, general partner, or partnership.
B. Form and Copies
1. Requirements of Form
a. Legibility: Papers shall be plainly and legibly type-written, printed,
or reproduced.
b. Caption, Official Forms: The caption and form of all petitions shall
be in compliance with the Bankruptcy Rules, Official Forms, and Local Rules.
c. Size, Margins, etc: Papers, including attachments and exhibits,
shall be of standard weight and letter size (8 1/2 by 11 inches).
2. Number of copies
a. Chapter 7 - Original and 2 copies of entire petition.
b. Chapter 13 - Original and 2 copies of entire petition.
c. Chapter 12 - Original and 2 copies of entire petition.
d. Chapter 11 - Original and 5 copies of entire petition.
e. Chapter 9 - Original and 5 copies of entire petition.
C. Documents to accompany petition
1. Each petition filed must be accompanied by:
a. An unsworn declaration with the original signature of all debtors
and the original signature of the debtor's attorney, if any. More than
one entity cannot be listed as the debtor, except that husband and wife
may file a joint petition.
b. Either: The proper filing fee paid by cash, cashiers cheque, certified
cheque, money order, a cheque drawn on the firm of an attorney who has
previously been admitted to practice before the U. S. Bankruptcy Court
for the Western District of Virginia, or a motion for extension of time
to pay filing fees, pursuant to Local Rule 1006A.
c. A schedule of affairs, assets and liabilities on the approved bankruptcy
form or a chapter 13 statement, if applicable.
d. If the debtor is a corporation, a copy of the corporate resolution
or other appropriate authorization, duly attested to, authorizing the filing.
e. If a Chapter 11 petition, a list of the 20 largest unsecured creditors
pursuant to Bankruptcy Rule 1007(d).
f. The Mailing Matrix:
1) Controlling as List of Creditors: The matrix is to be a complete
list of creditors of the case, and should any discrepancies appear between
the matrix and the list of creditors filed within the official form required,
the matrix shall be controlling. The filing of this mailing matrix is certification
that it is a complete and correct list of all creditors of the debtor.
2). Requirements for Master Mailing Lists:
(a)The master mailing list shall include the names and addresses of
all creditors, in alphabetical order.
(b)Items should be typed in ALL CAPS.
(c)The list is to be in a single vertical column with no grid lines.
(d)There should be at least 2 blank lines above and below each creditor
name and address combination.
(e)Reflect the case name ONLY in the 1 inch top margin. Exclude
the name and address of the debtor, joint debtor, attorney for debtor,
United States Trustee and case trustee from the master mailing list. This
information will be added in our office.
(f)Individuals must be listed as last name (comma) (space) first name
with no periods: Ex: DOE, JOHN, JR
(g)Each entry should consist of 3 or 4 lines up to a maximum of 35
characters each. (If the creditor name is more than 35 characters, it will
be shortened by the Clerk's office.)
(h)Leave at least one single space between the city and state and zip
code. A comma between them is unnecessary: Ex: ROANOKE VA 24010.
(i)Use the official United States Postal Service state abbreviations.
(j)Addresses shall include zip codes.
3)Incomplete Addresses: An address containing only a name, or
name and incomplete address will not be mailed.
4)Adding Creditors: When an addition of five or more creditors
is made to the mailing list, the entire mailing list is not to be
filed. A supplemental mailing list, containing only the newly added names
and addresses of those creditors added shall be filed.
5)Change of Address: The attorney of record or pro se debtor
shall notify the Clerk in a separate letter of a change of mailing address
for the debtor or debtor's counsel.
6)Format for Filing: Any Mailing Matrix filed with the Court
must either be presented on:
(a) Diskette: ( preferred method)
(i)Only 3 " High Density (HD) MS Dos format diskettes will be
accepted.
(ii)Include only one case on each diskette.
(iii)Save the file to the diskette in a generic ASCII format only.
(iv) Diskettes will be returned only if they are clearly labeled with
your name. They will then be available at the Clerk's office for pick up.
(b)Paper:
(i)Paper should be 81/2" by 11" white bond.
(ii) Margins should be 1 inch minimum top, bottom and left.
(iii) Font should be a Roman font, no smaller than 12 point.
D. Fees
Filing fees: Except as otherwise provided, every petition shall be
accompanied by the prescribed filing fees. Payment of filing fees will
only be accepted by the Office of the Clerk if it is tendered in cash,
cashier's cheque, certified cheque, money order, or a cheque drawn on the
firm of an attorney who has previously been admitted to practice before
the U. S. Bankruptcy Court in the Western District of Virginia.
A motion for extension of time to pay filing fee may be submitted at
the time of filing a new petition, but the $30.00 administrative fee must
be paid at the time of filing or a 10 day order will be entered. The motion shall state that the applicant
is unable to pay the filing fee at the time of the filing of the petition
and that the applicant has paid no money and transferred no property to
his attorney for services in connection with the case. The Court may enter
an order extending the time within which the filing fee is to be paid to
a date no later than the date set for the discharge or confirmation hearing.
For cause shown, however, the Court may extend the time for payment to
a date not later than six (6) months after the date of filing the petition.
The attorney for the debtor shall be responsible for accumulating any installment
payments made by the debtor toward the payment of the filing fee in full
within such time as prescribed by the Court.
E. Required Lists, Schedules, Statements and Fees
1. Voluntary Chapter 7 Case:
The filing fee assessed will be pursuant to the provisions of 28 USC 1930(b). See menu selection for filing fees.
Filing fee can be deferred upon proper application.
If the fee is to be deferred, the debtor must be an individual and must submit a signed appication for Court approval.
Voluntary Petition Page - Must be submitted to file case.
Statement of Intention Regarding Secured Property
Statement of Financial Affairs
Schedule A - Real Property
Schedule B - Personal Property
Schedule C - Property Claimed as Exempt
Copy of Homestead Deed
Schedule D - Creditors Holding Secured Claims
Schedule E - Creditors Holding Unsecured Claims
Schedule F - Creditors Holding Unsecured Non Priority Claims
Schedule G - Executory Contracts and Unexpired Leases
Schedule H - Co-debtors
Schedule I - Current Income of Individual Debtor(s)
Schedule J - Current Expenditures of Individual Debtor(s)
Summary of Schedules
Declaration Concerning Debtor's Schedules
Statement Disclosing Compensation paid to or promised to be paid to
the Attorney for Debtor
Matrix - Must be submitted to file case
Statement of Intention, Statement of Financial Affairs, Schedules A
through J, Summary of Schedules, Declaration and Statement Disclosing Compensation
must be submitted with the petition or within 15 days.
2. Voluntary Chapter 11 Case:
The filing fee assessed will be pursuant to the provisions of 28 USC 1930(b). See menu selection for Filing Fees.
If the fee is to be deferred, the debtor must be an individual and
must submit a signed application for court approval.
Voluntary Petition Page - Must be submitted to file case.
List of Creditors Holding the 20 Largest Unsecured Claims. - Must be
submitted with the petition.
Names and Addresses of Equity Security Holders of the Debtor.
Exhibit A
Statement of Financial Affairs
Schedule A - Real Property
Schedule B - Personal Property
Schedule C - Property Claimed as Exempt
Schedule D - Creditors Holding Secured Claims
Schedule E - Creditors Holding Unsecured Claims
Schedule F - Creditors Holding Unsecured Nonpriority Claims
Schedule G - Executory Contracts and Unexpired Leases
Schedule H - Co-debtors
Schedule I - Current Income of Individual Debtor(s)
Schedule J - Current Expenditures of Individual Debtor(s)
Summary of Schedules
Declaration Concerning Debtor's Schedules
Matrix - Must be submitted to file case.
Statement of financial affairs and schedules must be submitted with
petition or within 15 days.
3. Chapter 12 Case:
The filing fee assessed will be pursuant to the provisions of 28 USC 1930(b). See menu selection for Filing Fees.
If the fee is to be deferred, the debtor must be an individual and
must submit a signed application for court approval.
Voluntary Petition Page - Must be submitted to file case.
Names and Addresses of all Creditors of the Debtor - Must be submitted
with the petition.
Chapter 12 Statement
Names and Addresses of Equity Security Holders of the Debtor. Required
ONLY if the Debtor is a Corporation.
Statement of Intention Regarding Secured Property.
Statement of Financial Affairs for a Debtor Engaged in Business
Schedule A - Real Property
Schedule B - Personal Property
Schedule C - Property Claimed as Exempt
Copy of Homestead Deed(s)
Schedule D - Creditors Holding Secured Claims
Schedule E - Creditors Holding Unsecured Claims
Schedule F - Creditors Holding Unsecured Nonpriority Claims
Schedule G - Executory Contracts and Unexpired Leases
Schedule H - Co-debtors
Schedule I - Current Income of Individual Debtor(s)
Schedule J - Current Expenditures of Individual Debtor(s)
Summary of Schedules
Declaration Concerning Debtor's Schedules
Statement Disclosing Compensation paid to or promised to be paid to
the Attorney for Debtor
Matrix - Must be submitted to file case.
Statement of Financial Affairs and Schedules must be submitted with
Petition or within 15 days.
4. Chapter 13 case:
The filing fee assessed will be pursuant to the provisions of 28 USC 1930(b). See menu selection for Filing Fees.
In addition, a $30.00 administrative notice fee must be paid to file
case.
The filing fee can be deferred upon proper application
If the fee is to be deferred, the debtor must submit a signed application
for court approval.
Voluntary Petition Page - Must be submitted to file case.
Statement of Intention Regarding Secured Property.
Statement of Financial Affairs
Schedule A - Real Property
Schedule B - Personal Property
Schedule C - Property Claimed as Exempt
Copy of Homestead Deed(s)
Schedule D - Creditors Holding Secured Claims
Schedule E - Creditors Holding Unsecured Claims
Schedule F - Creditors Holding Unsecured Non Priority Claims
Schedule G - Executory Contracts and Unexpired Leases
Schedule H - Codebtors
Schedule I - Current Income of Individual Debtor(s)
Schedule J - Current Expenditures of Individual Debtor(s)
Summary of Schedules
Declaration Concerning Debtor's Schedules
Statement Disclosing Compensation paid to or promised to be paid to
the Attorney for the Debtor
Chapter 13 Plan
Chapter 13 Summary of Plan
Matrix - Must be submitted to file case.
Statement of Financial Affairs, Schedules A through J, Summary of Schedules,
Declaration, Statement Disclosing Compensation, Chapter 13 Plan and Chapter
13 Summary of Plan must be submitted with the Petition or within 15 days.
F. Emergency Filings: Documents required for filing emergency
petitions:
in chapter 7, 12, and chapter 13 cases include: Voluntary petition
(2 pages) and matrix.
In chapter 11 - Voluntary petition (2 pages), list of 20 largest unsecured
creditors, and matrix.
In chapter 13 the summary of plan is also required.
G. Faxed filings: Faxed filings of petitions and other
pleadings are not accepted by the Clerk's Office.