- Home
- Rules and Forms
- Local Rules
- Rule 1002
Local Rule 1002. PETITION – GENERAL
(1) For documents that are not electronically filed by parties under the provisions of LR 5005, the clerk will maintain a list of requirements that specify the minimum number of copies that must be submitted. The clerk may from time to time revise the list of copy requirements. When the requirements are revised, the clerk will reissue them with a notation of the effective date of the revision. The clerk will make copies of the list available upon request and will post them on the court’s website.
(2) Notwithstanding this rule, if the clerk requests a filer for a copy of a document or for additional copies, the filer must comply.
(b) Additional documents. When a voluntary petition is filed by an entity, other than a sole proprietorship, evidence of authorization of the filing must be attached to the petition. When a voluntary petition is filed by a corporation, there must be attached to it a true copy of the resolution of the corporation's board of directors authorizing the filing. When a voluntary petition is filed by a partnership, evidence of the unanimous consent of all general partners must be attached to the petition unless the partnership agreement permits other than unanimous consent. If that is the case, a declaration to that effect must be attached to the petition. When a voluntary petition is filed by a limited liability company, a resolution signed by all members must be attached to the petition, unless the operating agreement permits a bankruptcy petition to be filed: (i) without unanimous consent by the members; or (ii) by the number of managers required by the Operating Agreement(s). If that is the case, a declaration to that effect must be attached to the petition.
(c) Duty to notice other courts of the filing of bankruptcy petition. Within fourteen (14) days after filing a bankruptcy petition, the debtor must file a notice of the bankruptcy case in any proceeding where any claim or cause of action is pending against, or on behalf of, the debtor. The debtor must file evidence of service of the notice with the bankruptcy court within seven (7) days after service is completed.