United States Bankruptcy Court, E.D. Louisiana.
January 25, 2006
FILING OF PAYMENT ADVICES PURSUANT TO 11 U.S.C. § 521(a)(1)(B)(iv)
JERRY BROWN, Bankruptcy Judge
Section 521(a)(1)(B)(iv) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 provides that “unless the court orders otherwise”, the debtor shall file copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition, by the debtor from an employer of the debtor. Accordingly,
IT IS ORDERED that effective as to cases filed on or after the date of this order, copies of all payment advices or other evidence of payment addressed in § 521(a)(1)(B)(iv) of the Bankruptcy Code received within 60 days before the date of the filing of the petition by the debtor from any employer of the debtor, (1) will not be filed with the court unless otherwise ordered, and (2) must be provided to the case trustee and to the United States Trustee preferably at the time of filing but at least seven days before the time of the meeting of creditors conducted pursuant to 11 U.S.C. § 341.
In addition, any creditor may request copies of payment advices or other evidence of payment from the debtor. To be considered timely, a creditor’s request
Page 2
must be received at least 15 days before the first date set for the meeting of creditors.
At the time that the payment advices or other evidence of payment are provided to the case trustee, the debtor must file a certificate with the clerk of the court evidencing compliance with this standing order. If a case trustee certifies to the court that the payment advices or other evidence of payment were not provided within 45 days of the filing of the bankruptcy petition, the case will be automatically dismissed by the court without further notice by separate order.