BAPCPA 2005 necessitated a major overhaul of the CM/ECF system. As a result, the latest version of the ECF system (v. 2.7) includes a large number of new docket events available to attorneys. The Clerk's Office has prepared a New Events List to assist the bankruptcy community in navigating this updated system.
Pursuant to 28 U.S.C. § 1930(f), the court may waive the filing fee in the case of an individual chapter 7 debtor whose income is less than 150 percent of the national poverty line. Two tables reflecting 150 percent of the Department of Health and Human Service's poverty guidelines are posted for the public and courts' use at The US Courts Bankruptcy Information Center.
The U.S. Trustee's listing of Approved Credit Counseling Agencies for the Northern District of Iowa is here. The Credit Counseling requirement under 11 USC § 109 must be met prior to filing the petition (unless petition is accompanied by a motion for extension for exigent circumstances or a declaration/certification of waiver). The debtor certification is included on the revised petition form, but the certificate of completion will be treated as a completely separate docket event.
Through Standing Order No. 14, the Court has provided a procedure for case dismissals re: Failure to Provide Requested Federal Tax Returns under 11 U.S.C. § 521. Under this procedure, a Motion to Dismiss filed by the case trustee, not earlier than 6 days prior to the first date set for the meeting of creditors, shall be granted by order of the court without further notice and hearing, unless there is a Motion for Exception from Dismissal timely filed by the debtor.
To ensure compliance with the requirements of BAPCPA 2005, the Court has approved an update to the Administrative Procedures for Filing, Signing, Verifying and Maintaining, Pleadings and Other Papers in the Electronic Filing (ECF) System (Administrative Procedures). Included among the more substantial revisions to the document are procedures for In Forma Pauperis (IFP) applications, authority to file Involuntary Petitions through the ECF System and an updated Minimum Systems Requirement reference.
Section 315(c) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act) mandates that the Director of the Administrative Office of the United States Courts establish procedures for safeguarding the confidentiality of tax information required to be provided under 11 U.S.C. § 521.1. The Director's Interim Guidance regarding these issues is available in the attachment.
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