Interim Rule 1007-I.1

 Lists, Schedules, Statements, and Other

Documents; Time Limits; Expiration of Temporary Means

Testing Exclusion

1 * * * * *

2 (b) SCHEDULES, STATEMENTS, AND OTHER

3 DOCUMENTS REQUIRED.

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5 (4) Unless either: (A) § 707(b)(2)(D)(I) applies,

6 or (B) § 707(b)(2)(D)(ii) applies and the exclusion from means

7 testing granted therein extends beyond the period specified by Rule

8 1017(e), an individual debtor in a chapter 7 case shall file a

9 statement of current monthly income prepared as prescribed by the

10 appropriate Official Form, and, if the current monthly income

11 exceeds the median family income for the applicable state and

12 household size, the information, including calculations, required by

13 § 707(b), prepared as prescribed by the appropriate Official Form.

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15 (c) TIME LIMITS. In a voluntary case, the schedules,

16 statements, and other documents required by subdivision (b)(1), (4),

17 (5), and (6) shall be filed with the petition or within 14 days

1

 Interim Rule 1007-I has been adopted by the bankruptcy courts to implement the

National Guard and Reservists Debt Relief Act of 2008, Public Law No. 110-438, as amended

by Public Law No. 114-107. The amended Act, which provides a temporary exclusion from the

application of the means test for certain members of the National Guard and reserve components

of the Armed Forces, applies to bankruptcy cases commenced in the 11-year period beginning

December 19, 2008.
18 thereafter, except as otherwise provided in subdivisions (d), (e), (f),

19 (h), and (n) of this rule. In an involuntary case, the schedules,

20 statements, and other documents required by subdivision (b)(1) shall

21 be filed by the debtor within 14 days after the entry of the order for

22 relief. In a voluntary case, the documents required by paragraphs

23 (A), (C), and (D) of subdivision (b)(3) shall be filed with the

24 petition. Unless the court orders otherwise, a debtor who has filed a

25 statement under subdivision (b)(3)(B), shall file the documents

26 required by subdivision (b)(3)(A) within 14 days of the order for

27 relief. In a chapter 7 case, the debtor shall file the statement required

28 by subdivision (b)(7) within 60 days after the first date set for the

29 meeting of creditors under § 341 of the Code, and in a chapter 11 or

30 13 case no later than the date when the last payment was made by

31 the debtor as required by the plan or the filing of a motion for a

32 discharge under § 1141(d)(5)(B) or § 1328(b) of the Code. The

33 court may, at any time and in its discretion, enlarge the time to file

34 the statement required by subdivision (b)(7). The debtor shall file

35 the statement required by subdivision (b)(8) no earlier than the date 

36 of the last payment made under the plan or the date of the filing of a

37 motion for a discharge under §§1141(d)(5)(B), 1228(b), or 1328(b)

38 of the Code. Lists, schedules, statements, and other documents

39 filed prior to the conversion of a case to another chapter shall be

40 deemed filed in the converted case unless the court directs
41 otherwise. Except as provided in § 1116(3), any extension of time

42 to file schedules, statements, and other documents required under

43 this rule may be granted only on motion for cause shown and on

44 notice to the United States trustee, any committee elected under

45 § 705 or appointed under § 1102 of the Code, trustee, examiner, or

46 other party as the court may direct. Notice of an extension shall be

47 given to the United States trustee and to any committee, trustee, or

48 other party as the court may direct.

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50 (n) TIME LIMITS FOR, AND NOTICE TO, DEBTORS

51 TEMPORARILY EXCLUDED FROM MEANS TESTING.

52 (1) An individual debtor who is temporarily excluded from

53 means testing pursuant to § 707(b)(2)(D)(ii) of the Code shall file

54 any statement and calculations required by subdivision (b)(4) no

55 later than14 days after the expiration of the temporary exclusion if

56 the expiration occurs within the time specified by Rule 1017(e) for

57 filing a motion pursuant to § 707(b)(2).

58 (2) If the temporary exclusion from means testing under 

59 § 707(b)(2)(D)(ii) terminates due to the circumstances specified in

60 subdivision (n)(1), and if the debtor has not previously filed a

61 statement and calculations required by subdivision (b)(4), the clerk

62 shall promptly notify the debtor that the required statement and

63 calculations must be filed within the time specified in subdivision (n)(1).