Deficient Petition

Last Updated: February 2023

Effective 10/7/20: For any paper document physcially filed with our office, the docket number or claim number will be written on the upper right corner of the document before it is placed in the filing box. This will allow us to quickly determine whether everything in the filing box has been docketed. Whenever we have reduced staff in the office, the team member in the office will scan the mail/over-the-counter document(s), then either docket the document(s) or email document(s) to the assigned Case Administrator.  If emailed to Case Administrator, the team member in the office will check the case docket and write the docket number(s) on document(s) before putting the document(s) in the filing box.

• Missing Case Filing Fee, Application to Have Chapter 7 Filing Fee Waived, or an Application for Individuals to Pay the Filing Fee in Installments.

• Missing Form B121 (Your Statement About Your Social Security Number).

• Lack of Required Signatures on Documents.

• Missing Creditor Mailing Matrix (Mailing List).

• Corporate Ownership Statement and/or List of Creditors Who have the 20 Largest Unsecured Claims (Ch 11).

• Petition is submitted with the full SSN.

Court Will:

Missing Case Filing Fee, Application to Have Chapter 7 Filing Fee Waived, or an Application for Individuals to Pay the Filing Fee in Installment:

12/1/17: Per Judge Hastings:

Review petition for selection by debtor for payment of filing fee. If a case is filed without an application for waiver or an application for installments or no payment, immediately issue the Order for Payment. The Order for Payment provides filing fee must be paid (or an Application for Installments or Application for Waiver must be filed) within 14 days from the date the petition is filed.

Payment of $100.00 may be "suggested" with an Application for Installments, but not required.

Case Administrators will no longer issue the "initial" (7 day) Order to Comply.

To issue Order for Payment. [Court Events > Order to Comply> select "ocmplyrf- - ocmply ReqforFiling] and it produces form Order for Payment.

Different Orders to Comply Forms:

re:  Installment Fees Due (form order) (updated 1/22/15

re:  Initial Installment Filing Fee Due (form order) (updated 2/3/15)

re:  Order for Payment (form order) (e.g., case is received without fee or no applications) (updated 4/20/18)

(Note: If other issues, email Judge before issuing)
(updated 4/20/18)

1. • Attorney Filer: If Application to Pay in Installments or Waiver is indicated on Voluntary Petition, immediately contact attorney to file missing documents and "suggested" minimum filing fee if by Application for Installment. If minimum filing fee is not paid with application, issue Order for Payment immediately.  (Note: If other issues, email Judge before issuing order.)

   • Pro se Filer - over the counter: Immediately mention problem to debtor. If Waiver is indicated, provide debtor with the Application for Waiver of Filing Fee to complete.  If debtor chooses to pay filing fee in installments, provide him/her with an Application to Pay Fee in Installments and suggest the minimum filing fee.  If minimum filing fee isn't paid with application, issue Order for Payment immediately. (Note: If other issues, email Judge before issuing order.)

   • Pro se Filer - through the mail:  If waiver is indicated, request debtor file Application for Waiver of Filing Fee.  If debtor chooses to pay filing fee in installments, request he/she file Application to Pay Fees in Installments along with the suggested minimum filing fee.  If minimum filing fee isn't paid with application, issue Order for Payment  immediately. (Note: If other issues, email Judge before issuing order.)
     
     Note: No personal checks,  credit cards, or debit cards (except if debtor pays filing fee using pay.gov) are accepted from the debtor.

Missing Form B121 (Statement of Social Security Number):

1. • Pro se Filer - over the counter: Immediately mention problem to debtor and print Form B121 and request debtor(s) complete and sign. If not received on day case is filed, issue Notice of Incomplete Filing. Delay generating the 341 Meeting Notice, if possible, to allow receipt of Form B121.

   • Pro se Filer - through the mail: Open the case but do not generate the 341 Meeting Notice. Contact pro se debtor via phone or email and request he/she immediately email or fax completed Form B121 and also mail the signed original to the Court. When Form B121 is received, add social security number(s) to case and continue processing case. If not received on day case is filed, issue Notice of Incomplete Filing. Delay generating the 341 Meeting Notice, if possible, to allow receipt of Form B121.

Lack of Required Signatures on documents:  

1. • Attorney eFiler: Immediately contact counsel and request attorney file amended documents containing signatures. Issue Notice of Incomplete Filing if not received the same day case is filed.

   • Pro se Filer - over the counter: Immediately mention problem to debtor and request he/she sign documents. If a joint case and joint debtor is not present, file the case and print out Amendment Cover Sheet and request the Amendment Cover Sheet and amended documents containing signatures be filed immediately. Issue Notice of Incomplete Filing if not received the same day case is filed.

   • Pro se Filer - through the mail: Immediately contact pro se debtor by phone, email or mail. Direct debtor to Amendment Cover Sheet on webpage and request debtor(s) file Amendment Cover Sheet and amended documents containing signatures immediately.  If not received the same day as case filing, issue Notice of Incomplete Filing.

Missing Creditor Matrix (Mailing List):

1. • Attorney efiler: Immediately contact attorney and request attorney upload creditor matrix. Delay generating the 341 Meeting Notice, if possible.*  Issue Notice of Incomplete Filing if not received the same day case is filed.

   • Pro se Filer - over the counter: Immediately mention problem to debtor and request he/she prepare and file the mailing matrix immediately. Open the case but do not issue the 341 Meeting Notice. Delay generating the 341 Meeting Notice, if possible.* Issue Notice of Incomplete Filing if not received the same day case is filed.

   • Pro se Filer - through the mail: Immediately contact pro se debtor by phone or email and request that he/she cure the deficiency immediately by emailing matrix in a Word/text format or by fax. Delay generating the 341 Meeting Notice if possible.* Issue Notice of Incomplete Filing if not received the same day case is filed.
     
     *Note:  If creditor matrix not received promptly, ask Chief Deputy Clerk if notice should be generated IF next 341 meeting is scheduled within 25 days of case filing. If 341 Meeting Notice is generated without a creditor matrix, attorney or pro se filer will be responsible for mailing 341 Meeting Notice to all creditors and filing a certificate of service with the Court.

    Judge/Trustee assignment will produce an error without the creditor matrix have first been uploaded to case. Also, if you have manually added the Judge and Trustee to case, Auto Judge/Trustee Assignment will produce an error and you will need to manually docket the 341 Notice.  

Corporate Ownership Statement and/or List of Creditors Who Have the 20 Largest Unsecured Claims Against You Who Are Not Insiders (Ch 11).

1. • Attorney efiler:  Immediately contact attorney and request attorney file the Corporate Ownership Statement and/or List of Creditors Who Have the 20 Largest Unsecured Claims Against You Who are Not Insiders (Form B204). Issue Notice of Incomplete Filing if not received the same day case is filed.

   • Pro se Filer - over the counter:  Immediately mention problem to debtor and request he/she prepare and file the  Corporate Ownership Statement and/or List of Creditors Who Have the 20 Largest Unsecured Claims Against You Who are Not Insiders (Form B204). Issue Notice of Incomplete Filing if not received the same day case is filed.

   • Pro se Filer - through the mail:  Immediately mention problem to debtor and request he/she prepare and file the Corporate Ownership Statement and/or List of Creditors Who Have the 20 Largest Unsecured Claims Against You Who are Not Insiders (Form B204). Issue Notice of Incomplete Filing if not received the same day case is filed.

Petition is submitted with the full SSN

1. • See Policy on Privacy and Public Access to Electronic Case Files for Bankruptcy Cases.  

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