1002-1 Petition - Concurrent Disclosure of Marital Status and Non-filing Spouse

 (a)        File with Petition.  At the time of filing of a petition, an individual debtor shall file:

 (1)        a certification that the debtor has no spouse, or

 (2)        a statement disclosing the name, mailing address, and last four digits of the social security number (if known) of any non-filing spouse.

When a statement pursuant to (a)(2) is filed concurrently with the filing of the petition, the clerk shall send the notice of the filing of the bankruptcy case, the meeting of creditors, and of the deadlines provided in Fed. R. Bankr. P. 4003(b), 4004(a), and 4007(c) and (d) to the non-filing spouse noted on the statement.

Note:   Form NM LF 900 and NM LF 901 were created by the clerk for compliance with section (a) of this rule.

(b)  Notice to Creditors of Non-filing Spouse Information.  Within five days of filing a petition, an individual debtor who has a non-filing spouse shall mail the statement
required by section (a)(2) of this rule to all creditors and other parties in interest. Within two days thereafter, the debtor shall file a certificate of compliance with this rule. Failure to mail the statement or to file the certificate of compliance may subject the individual debtor to sanctions, including dismissal of the case.

Note: Form NM LF 13 was created by the clerk for compliance with section (b) of this rule.

(c)  Notices When Statement Not Filed with Petition.  An individual debtor who fails to file the statement required under section (a) of this rule with the petition shall

(1)      file the statement promptly upon becoming aware of such failure;

(2)      promptly serve the non-filing spouse with the 341 notice;

(3)      promptly file a certificate of service of the notice within two days thereafter indicating compliance with section (c)(2) above; and

(4)      promptly comply with section (b) of this rule.

Note: Form NM LF 14 was created by the clerk for compliance with section (c)(3) of this rule.

(d)  Failure to Comply.  The debtor may be subject to sanctions, including dismissal of the case, if the requirements of this rule are not met.

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