United States Bankruptcy Court for the
Western District of Oklahoma

A GUIDE
TO
FILING REQUIREMENTS

GUIDE TO FILING REQUIREMENTS

TABLE OF CONTENTS

                                                                A GUIDE TO FILING REQUIREMENTS
                                                                                        
                                                                                      PREFACE

                As a service to the public and members of the bar, the United States Bankruptcy Court for the Western District of Oklahoma has compiled this Guide to assist in the processing of pleadings, bankruptcy cases and adversary proceedings. In no way should this Guide be used as a substitute for the applicable state, federal and/or local rules which govern this Court.

                                         REQUIREMENTS FOR ALL PETITIONS

                                                                                     Local Rule 9009

          All petitions, lists, schedules, statements and other pleadings should comply substantially with the Official Forms prescribed by the Federal Rules of Bankruptcy Procedure. All questions on the Official Forms must be answered.

          All petitions require the following:

                              Debtor(s) social security number(s) or federal tax I.D. number.

                              All checks should be made payable to the United States Bankruptcy Court. One check per
                              case is required. One check for multiple case filings will not be accepted.
GoToTop^

                                                      CHAPTER 7 PETITION

REQUIREMENTS:

Filing Fee of $200.00, which includes an Administrative Fee of $30.00 and a Trustee Surcharge Fee of $15.00. (Bankruptcy Rule 1006(a); Local Rule 1006(b)) Or, if the debtor is an individual seeking to pay fees in installments, an "Application to Pay Filing Fees in Installments" is required. (Official Bankruptcy Form #3).
Voluntary Petition (Official Form #1; Bankruptcy Rule 1002(a)) and the names and addresses of all creditors if schedules are not filed with the petition. (Bankruptcy Rule 1007(a)).
Schedules of Assets and Liabilities (Official Form #6; 11 U.S.C. §521(1)). If not submitted with the petition, schedules should be filed within fifteen (15) days of the date the petition is filed. (Bankruptcy Rule 1007(b) & (c)).
Statement of Financial Affairs (Official Form #7;  11 U.S.C. §521(2)). If not submitted with the petition, statement of affairs should be filed with fifteen (15) days of the date the petition is filed. (Bankruptcy Rule 1007(b) & (c)).
Individual Debtor’s Statement of Intention (Official Form #8; 11 U.S.C. §521(2)(A)). If not filed with the petition, statement of intention should be filed within thirty (30) days of the date the petition is filed or by the date set for the § 341 Meeting of Creditors, whichever is earlier. This is required of any debtor who is an individual whose schedule of assets and liabilities contains consumer claims secured by property of the estate. (Bankruptcy Rule 1007(b)(2)).
Disclosure of Fee Statement (11 U.S.C. § 329). If not submitted with the petition, disclosure of fee statement should be filed within fifteen (15) days of the date the petition is filed. (Bankruptcy Rule 2016(b); Local Rule 1007(2)(C)).
Mailing Matrix - Should comply with this court’s General Order Concerning Filing of Mailing List an Debtor’s Noticing Requirements dated December 3, 1996.

                                    A. Real Property
                                    B. Personal Property
                                    C. Property Claimed Exempt
                                    D. Creditors Holding Secured Claims
                                    E. Creditors Holding Unsecured Priority Claims
                                    F. Creditors Holding Unsecured Non-Priority Claims
                                    G. Executory Contracts and Unexpired Leases
                                    H. Codebtors
                                     I. Current Income of Individual Debtor(s)
                                     J. Current Expenditures of Individual Debtor(s)

Statement of Financial Affairs
Verification of Matrix
Statement of Intentions (if applicable)
GoToTop^

 

         CHAPTER 9 PETITION - MUNICIPALITIES
                                                     (11 U.S.C. § 901)

REQUIREMENTS:

       Filing Fee of $830.00, which includes an Administrative Fee of $30.00.

       The following is a list of documents required in a Chapter 9 filing. An original and eight   
       copies are required of each:

Mailing List (Matrices) - Original should be separate from the        original petition
Petition and Signature Page
List of Twenty Largest Creditors with Declaration and Verification  Pages
Verification of Matrix

Note:
§ 921(b) provides: The chief judge of the court of appeals for the circuit embracing the district in which the case is commenced shall designate the bankruptcy judge to conduct the case.
GoToTop^

 

                                   CHAPTER 11 PETITION

REQUIREMENTS:

Filing Fee of $830.00, which includes an Administrative Fee of $30.00. (Local Rule 1006(b)). Or, if the fee is to be paid in installments, an "Application to Pay Filing Fees in Installments" is required. (Official Bankruptcy Form #3; Bankruptcy Rule 1006(b)).

Voluntary Petition (Official Form #1; Bankruptcy Rule 1002(a)) and the names and addresses of all creditors if schedules are not filed with the petition. (Bankruptcy Rule 1007(a)).

List of Creditors Holding 20 Largest Unsecured Claims (Official Form #4). This should be filed with the petition. (Bankruptcy Rule (1007(d)).

List of Equity Security Holders. If not filed with the petition, the list should be filed within fifteen (15) days of the date the petition is filed. (Bankruptcy Rule 1007(a)(3)).

Schedule of Assets and Liabilities (Official Form #6; U.S.C. § 521(1)). If not submitted with the petition, schedules should be filed within fifteen (15) days of the date the petition is filed. (Bankruptcy Rules 1007(b) & (c)).

Statement of Financial Affairs (Official Form #7;  U.S.C. § 521(1)). If not submitted with the petition, statement of financial affairs should be filed within fifteen (15) days of the date the petition is filed. (Bankruptcy Rule 1007(b) & (c)).

Disclosure of Fee Statement (U.S.C. § 329(a)). If not submitted with the petition, disclosure of fee statement should be filed within fifteen (15) days of the date the petition is filed. (Bankruptcy Rule 2016(b); Local Rule 1007(2)(C)).

Mailing Matrix - Should comply with this court’s General Order Concerning Filing of Mailing List an Debtor’s Noticing Requirements dated December 3, 1996.

The Plan and Disclosure Statement should be filed within 120 days of the date of the order for relief (11 U.S.C. § 1121(b)), unless the debtor is a small business and elects to be considered a small business. Then the plan and disclosure statement should be filed within 100 days of the date of the order for relief (11 U.S.C. § 1121(e)).

The following is a complete list of all documents required in a Chapter 11 filing. An original and six copies are required of each:

Mailing List (Matrix) - Original should be separate from the petition and schedules
Petition and Signature Page
Exhibit A
Disclosure of Fee Statement
Corporate Resolution or Unsworn Declaration
Summary Of Schedules
Schedules:
               A. Real Property
               B. Personal Property
               C. Property Claimed Exempt
               D. Creditors Holding Secured Claims
               E. Creditors Holding Unsecured Priority Claims
               F. Creditors Holding Unsecured Non-Priority Claims
               G. Executory Contracts and Unexpired Leases
               H. Codebtors
                J. Current Expenditures of Individual Debtor(s)
Statement of Financial Affairs
Verification of Matrix
GoToTop^


                           CHAPTER 12 PETITIONS

REQUIREMENTS:

Filing Fee of $230.00, which includes an Administrative Fee of $30.00 (Local Rule 1006(b)). Or, if debtor is an individual seeking to pay in installments, an "Application to Pay Filing Fees in Installments". (Official Form #3; Bankruptcy Rule 1006(b)).

Voluntary Petition (Official Form #1; Bankruptcy Rule 1002(a)), and the names and addresses of all creditors if schedules are not filed with the petition. (Bankruptcy Rule 1007(a)).

Schedule of Assets and Liabilities (Official Form #6; 11 U.S.C. § 521(a)). If not submitted with the petition, the schedules should be filed within fifteen (15) days of the date the petition is filed. (Bankruptcy Rule 1007(b) & (c)).

Statement of Financial Affairs (Official Form #7; 11 U.S.C. § 521(1)). If not submitted with the petition, statement of financial affairs should be filed within fifteen (15) days of the date the petition is filed. (Bankruptcy Rule 1007(b) & (c)).

Disclosure of Fee Statement (11 U.S.C. § 329(a)). If not submitted with the petition, disclosure of fee statement should be filed within fifteen (15) days of the date the petition is filed. (Bankruptcy Rule 2016(b); Local Rule 1007(2)(C)).

Mailing Matrix - Should comply with this court’s General Order Concerning Filing of Mailing List an Debtor’s Noticing Requirements dated December 3, 1996.

Chapter 12 Plans should be filed within ninety (90) days of the date the petition was filed. (11 U.S.C. §1221).

The following is a complete list of all documents required in a Chapter 12 filing. An original and five copies are required of each:

Mailing List (Matrix) - Original should be separate from the petition and schedules
Petition and Signature Page
Disclosure of Fee Statement
Corporate Resolution or Unsworn Declaration
Summary Of Schedules
Schedules:
                A. Real Property
                B. Personal Property
                C. Property Claimed Exempt
                D. Creditors Holding Secured Claims
                E. Creditors Holding Unsecured Priority Claims           
                F. Creditors Holding Unsecured Non-Priority Claims
                G. Executory Contracts and Unexpired Leases
                H. Codebtors
                 I. Current Income of Individual Debtor(s)
                 J. Current Expenditures of Individual Debtor(s)      
Statement of Financial Affairs
Verification of Matrix
GoToTop^

                               CHAPTER 13 PETITIONS

REQUIREMENTS:

Filing Fee of $185.00, which includes an Administrative Fee of $30.00 (Local Rule 1006(b)). Or, if debtor is an individual seeking to pay in installments, an "Application to Pay Filing Fees in Installments". (Official Form #3; Bankruptcy Rule 1006(b)).

Voluntary Petition (Official Form #1; Bankruptcy Rule 1002(a)), and the names and addresses of all creditors if schedules are not filed with the petition. (Bankruptcy Rule 1007(a)).

Schedule of Assets and Liabilities (Official Form #6; 11 U.S.C. § 521(a)). If not submitted with the petition, the schedules should be filed within fifteen (15) days of the date the petition is filed. (Bankruptcy Rule 1007(b) & (c)).

Statement of Financial Affairs (Official Form #7; 11 U.S.C. § 521(1)). If not submitted with the petition, statement of financial affairs should be filed within fifteen (15) days of the date the petition is filed. (Bankruptcy Rule 1007(b) & (c)).

Disclosure of Fee Statement (11 U.S.C. § 329(a)). If not submitted with the petition, disclosure of fee statement should be filed within fifteen (15) days of the date the petition is filed. (Bankruptcy Rule 2016(b)).

Chapter 13 Plan/Plan Summary, if not submitted with the petition should be filed within fifteen (15) days of the date the petition is filed. (Bankruptcy Rule 3015).

Mailing Matrix - Should comply with this court’s General Order Concerning Filing of Mailing List an Debtor’s Noticing Requirements dated December 3, 1996.

The following is a complete list of all documents required in a Chapter 13 filing. An original and five copies are required of each.

Mailing List (Matrix) - Original should be separate from the petition and schedules
Petition and Signature Page
Disclosure of Fee Statement
Summary Of Schedules
Schedules:
                A. Real Property
                B. Personal Property
                C. Property Claimed Exempt
                D. Creditors Holding Secured Claims
                E. Creditors Holding Unsecured Priority Claims
                F. Creditors Holding Unsecured Non-Priority Claims
                G. Executory Contracts and Unexpired Leases
                H. Codebtors
                 I. Current Income of Individual Debtor(s)
                 J. Current Expenditures of Individual Debtor(s)
Statement of Financial Affairs
Verification of Matrix
Chapter 13 Plan/Plan Summary
GoToTop^


    INVOLUNTARY PETITIONS

REQUIREMENTS:

Filing Fee of $200.00 for the commencement of an involuntary Chapter 7 petition, which includes an Administrative Fee of $30.00 and a $15.00 Trustee Surcharge Fee.

Filing Fee of $830.00 for the commencement of an involuntary Chapter 11 petition, which includes an Administrative Fee of $30.00.

The applicable filing fees may not be paid in installment payments. The filing fee should be collected at the time of the filing of the involuntary petition from the petitioning creditors.

An involuntary case against a person is commenced by the filing with the bankruptcy court of a petition under chapter 7 or 11. An involuntary case may be commenced only under chapter 7 or chapter 11, and only against a person, except a farmer, family farmer, or a corporation that is not a moneyed business, or commercial corporation, that may be a debtor under the chapter under which such case is commenced.

An involuntary case is commenced by three or more entities, each of which is either a holder of a claim against such person that is not contingent as to liability or the subject of a bona fide dispute, or an indenture trustee representing such a holder, if such claims aggregate at least $10,000 more than the value of any lien on property of the debtor securing such claims held by the holders of such claims.

The following is a list of the documents required in an involuntary petition. An original and six copes are required of each:
                                        Involuntary Petition an Signature Page
                                        List of Petitioning Creditors
                                        Summons to Debtor
GoToTop^

                                           
                              JOINT PETITIONS

Only one filing fee is required to be paid in a case commenced by a joint petition.

Only an individual and that individual’s spouse may file a joint petition. 11 U.S.C. § 302(a).

If a debtor files a petition as an individual and the spouse of that  debtor subsequently decides to seek relief in bankruptcy, there is no authority under which the original filing may be either amended or converted retroactively to a joint filing. The spouse must file a separate petition and pay a second filing fee in full. The commencement of the initial case constitutes an order for relief as of the date of filing. To permit a spouse to later join the original petition could adversely affect the rights of parties in interest in the spouse’s estate. Please note, however, that the court may order the joint administration of the two separately docketed cases, if that procedure is deemed
to be advisable.
GoToTop^

        DECONSOLIDATION OF JOINT DEBTORS
                       PRIOR TO CONVERSION

It sometimes occurs that a husband and wife originally file a joint petition in one chapter; and subsequently one or the other, but not both, wish to convert to a different chapter. Pursuant to Local Rule 1015, all joint cases filed pursuant to , shall be deconsolidated prior to conversion of the case to another chapter for one of the joint debtors. Requests for deconsolidation shall be made by motion, filed and served pursuant to Rules 9007 and 9013. Deconsolidation shall be effective only upon both the entry of an order and the payment of any applicable fees.

REQUIREMENTS:

Motion to Deconsolidate     Fee is equal to ½ the current chapter filing fee and is due upon the 
Original + 2 copies              filing of the Motion to Deconsolidate.

                           Deconsolidation fee for:             Chapter 7:      $  77.50
                                                                            Chapter 11:    $400.00 
                                                                            Chapter 12:    $100.00 
                                                                            Chapter 13:    $  77.50
GoToTop^         
                                                    
                                         CONVERSION

FEE REQUIREMENTS: 
             Conversion from chapter 7 to chapter 11, at the request of debtor:     $400.00
             Conversion from Chapter 13 to Chapter 11, at the request of debtor: $645.00
             Conversion of Chapters 9, 11, 12 or 13 to Chapter 7:                        $  15.00

CONVERSIONS REQUIRED BY MOTION AND ORDER:

Conversion from chapter 7 to chapters 11,12, or 13, if by the debtor, must be made by motion and order.
Conversion from chapter 7 to chapter 11, if by a party in interest, must be made by motion and order.
Conversion from chapter 11 to chapter 7, if by a debtor, must be made by motion and order.
Conversion from chapter 11 to chapter 7, if by a party in interest or the U.S. Trustee, must be made by motion and order.
Conversion from chapter 11 to chapter 12 or 13, if by debtor, must be made by motion and order.
Conversion from chapter 12 to chapter 7, if by a party in interest, must be made by motion and order.
Conversion from chapter 13 to chapter 7, if by a party in interest, must be made by motion and order.
Conversion from chapter 13 to chapters 11 or 12 must be made by motion and order.

CONVERSIONS REQUIRED BY NOTICE:

Conversion from chapter 12 to chapter 7, if by debtor, may be converted by notice.
Conversion from chapter 13 to chapter 7, if by debtor, may be converted by notice.
GoToTop^

        

                   CONSOLIDATION OF CASES

Consolidation involves the joining of two or more cases for purposes of combining the assets and liabilities of separate estates into a single pool to pay creditors. Once cases have been consolidated, they are treated as one case for all purposes. Therefore, a single docket sheet and single claims register would be maintained.

REQUIREMENTS:         Consolidation of cases should be brought by motion and order.

Motion to Consolidation   No fee required.  
Original + 1 copy
GoToTop^

             JOINT ADMINISTRATION OF CASES

Joint Administration involves the combining of two or more cases in the interest of efficiency and judicial economy. It involves the combining of notices to creditors and the joint handling of other purely administrative matters that may aid in expediting the cases and rendering the process less costly. It may, as the Judge directs, involve the use of a single docket sheet and claims register. Unlike Consolidation, Joint Administration does not involve the pooling of assets and liabilities of the estates being jointly administered.

REQUIREMENTS:     Joint Administration of cases should be brought by motion and  
                                       order.

Motion for Joint               No fee required.
Administration
Original + 1 copy
GoToTop^

                         REOPENING OF CASES

Local Rule 5010. When a motion to reopen a case under the Bankruptcy Code is filed the filing fee prescribed by must be collected unless the reopening is to correct an administrative error or for actions related to the discharge. The reopening fee to be charged is the same as the filing fee in effect for commencing a new case on the date of reopening. Trustees are subject to the fee unless the fee is waived or deferred. Neither the $30.00 administrative fee nor the $15.00 trustee surcharge fee is collected.


REQUIREMENTS: The fee is due upon the filing of the Motion to Reopen.

Motion to Reopen        Reopening fee for :         Chapter 7:      $155.00
Original + 2 copy                                               Chapter 11:    $800.00
                                                                         Chapter 12:    $200.00
                                                                         Chapter 13:    $155.00
GoToTop^


                      ADVERSARY PROCEEDINGS

Filing Fee of $150.00.

An Adversary Proceeding is commenced by the filing of a Complaint. It’s purpose is to settle disputes and questions of law that may arise during the administration of the bankruptcy estate. Adversary Proceedings are assigned Adversary Proceeding numbers different and separate from the Bankruptcy case number. An Adversary Proceeding is assigned to the same judge assigned to the Bankruptcy Petition. All pleadings and documents filed in an adversary proceeding should bear the adversary caption with both the bankruptcy and adversary case numbers.

The fee for filing an Adversary Proceeding is equal in amount to the fee for filing a civil action in the district court. 28 U.S.C. § 1914(a)

The following plaintiffs are exempt from paying the adversary filing fee:       

1. If the plaintiff is the debtor.
2. If the plaintiff is the United States - when involved in any capacity other than as a
    creditor or as a U.S. trustee in a Chapter 11 bankruptcy. (See deferment guidelines
    below).

If the plaintiff is a child support creditor or its representative and such plaintiff files the form required by Sec. 304 of the Bankruptcy Reform Act of 1994.

The following plaintiffs are required to pay the adversary filing fee:

1. If the plaintiff is a creditor.
2. If the plaintiff is the United States in the capacity of a creditor.

Following plaintiffs may have the adversary filing fee deferred:

1 .If the plaintiff is a trustee or debtor-in-possession in a Chapter 11                             bankruptcy case. Such plaintiff should file a Notice of Deferment of 

                                            Adversary Filing Fee. At the end of the proceeding, the fee would
                                            be payable only from the bankruptcy estate to the extent there is any
                                            estate realized.

                                        

For process and service of summons and complaints, see Bankruptcy Rule 7004.

REQUIREMENTS:           [$150.00]

Adversary Cover Sheet         - original only
Complaint                             - original and one (1) copy
Summons                              - original and three (3) copies per party to be served (original for
                                                the court, (1) copy for party filer, (1) to serve; (1) to return.
GoToTop^
       
                                                 APPEALS

All appeals from Bankruptcy Court decisions are governed by Rules 8001-8020 of the Federal Rules of Bankruptcy Procedure. The parties may initiate an appeal by filing a Notice of Appeal, accompanied by a filing fee of $105.00, within ten (10) day of the entry of the order or judgment (Fed. R. Bank. P. 8001). The Bankruptcy Court will docket the appeal and serve notice on all parties identified in the Notice of Appeal for a District Court Appeal.

The Western District of Oklahoma is a Bankruptcy Appellate Panel Court. All appeals from bankruptcy courts in Tenth Circuit districts which have authorized appeals, pursuant to , are heard by the United States Bankruptcy Appellate Panel of the Tenth Circuit, unless an election is made to have the appeal heard in the United States District Court for this district. If such an election is desired, it must be filed concurrently with the Notice of Appeal. However, Bankruptcy Appellate Panel Rules do provide provisions for late elections.

Appeals which are heard by the Bankruptcy Appellate Panel are governed by the Local Rules of the U.S. Bankruptcy Court Appellate Panel of the Tenth Circuit, in addition to the Federal Rules of Bankruptcy Procedure.www.bap10.uscourts.gov

A Notice of Appeal may also be filed by a party to the order or judgment who is an entity other than the plaintiff or defendant. Such an appeal is designated as a Cross-Appeal and requires a filing fee of $100.00 (Fed. R. Bank. P. 8004).

The Bankruptcy Court will docket such an appeal and serve notice on all parties identified in the Cross-Appeal.

A party may seek leave to appeal an interlocutory order. The appellant is initially required to pay $5.00 of the filing fee. The remaining $100.00 is due only if the court grants leave to appeal.

REQUIREMENTS FOR APPEAL TO THE DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA:

Filing Fee $105.00
Notice of Appeal with attachment of order/judgment being appealed  - original and three (3)
                                                                                                           copies
Election to have Appeal Heard by the District Court                          - original and three (3)
                                                                                                           copies 

REQUIREMENTS FOR APPEAL TO BANKRUPTCY APPELLATE PANEL:
www.bap10.uscourts.gov

Filing Fee $105.00
Notice of Appeal with attachment of order/judgment being appealed  - original and three (3)
                                                                                                           copies
GoToTop^

 MISCELLANEOUS PLEADINGS AND DOCUMENTS

Caption Sheet. All amendments to the petition, statements, lists or schedules must have a caption sheet complying substantially with Official Form 1 (One) and the title "AMENDMENT TO (name the petition statement, list, or schedule being amended)." The caption sheet must have original signature(s).

Contents of Amendment. Amendments to the list of creditors should include only the additional creditors. Please do not list all of the creditors in the case again.

Amendments of Schedules. Amendments of amount of claims must be totaled on the amended schedule and again on an amended summary of debts and assets.

Signature of Debtors. All amendments must be signed and verified by the debtor(s) in the same manner as required for the original.

Additional Filing Fee. Any amendment requiring notice to the creditors must be accompanied by a $20.00 filing fee. When amending Schedules D, E, F, or the matrix by itself, there will be a $20.00 fee charged for each amended schedule (e.g. amending Schedules D & F will cost $40.00). If you are amending one or more of the above schedules, please note that if you are filing the amended matrix (due to the Amended Schedules) at the time that you are amending the Schedules, there will be no additional fee (e.g. amending Schedule D and matrix costs $20.00). If, however, you do not amend the Matrix at the time of filing, we will assess a $20.00 charge at the time of the filing the separate matrix. (You will save an additional $20.00 fee if you amend your matrix when you amend your schedules.

Amendment to the Mailing Matrix. If an amendment contains additional creditors, the debtor must submit an amended mailing matrix listing only the additional creditors being added. (Addresses for the debtor and the attorney for the debtor ARE NOT TO BE LISTED as of May 1, 1992). Follow the current mailing matrix requirements -- Creditors’ listed in ALL CAPS, centered, no punctuation, two-three blank lines between creditors, and in a recommended font (Arial 14 point is the preferred).

Notice. Pursuant to Bankruptcy Rule 1009, the debtor(s) must serve notice of an amendment on the trustee and on any entity affected, and attach a certificate of service.

                                    COPY REQUIREMENTS FOR AMENDMENTS

Chapter 7 requires Original and three copies for the Court.
Chapter 11 requires Original and six copies for the Court.
Chapter 12 requires Original and five copies for the Court.
Chapter 13 requires Original and five copies for the Court.
GoToTop^