Intake and Administration

• How many copies does the Court require when filing a petition and / or amendments?

The Bankruptcy Court for the Western District of New York is a mandatory electronic-filing court. Petitions and/or Amendments must be docketed in CM/ECF. However, chambers copies of Petitions and/or Amendments are required as follows:

Requirements for Electronic Filers:

• Chapter 7: No copies required
• Chapter 13: One (1) Chambers Copy
• Chapter 11: One (1) Chambers Copy
• Chapter 12: One (1) Chambers Copy

Requirements for Pro Se Debtors or Attorneys Not Filing Electronically* (paper filers):

• Chapter 7: original plus 3 copies
• Chapter 13: original plus 3 copies
• Chapter 11: original plus 6 copies
• Chapter 12: original plus 6 copies

*Attorneys must have a waiver from the electronic filing requirement.

• What are the minimum required documents that can be submitted to the Court when filing a petition?
  A petition containing the absolute minimum required documents consists of a petition page, signature page, mailing matrix, and filing fee.
• How many copies of the mailing matrix are required by the Court?
  Electronic Filers are not required to submit the matrix in paper. Pro se debtors or attorneys who have received a waiver from electronic filing are required to file an original mailing matrix with the filing of a petition.
• What is the time requirement for submitting schedules after filing an incomplete / emergency petition?
  Schedules must be filed within fifteen (15) days after the filing of a petition or appropriate action will be taken to dismiss the case for failure to file schedules.
• How many copies of motions are required by the Court?
  Motions are required to be filed electronically. For motions that are e-filed, one (1) copy of the motion papers should be received by the Court within two (2) days of the e-filing. For pro se debtors or attorneys who have received a waiver from e-filing, the Court requires only the original motion papers.
• Can the Clerk's Office accept documents or deliveries for the U.S. Trustee's Office?
  No.
• Can I convert a case from Chapter 13 to Chapter 7 by notice and application?
  Yes. If the moving party is the debtor, the conversion can be accomplished by a notice of conversion. A conversion fee is due if the moving party is not the debtor. A motion and a hearing is required with five (5) days notice by personal service or eight (8) days notice by U.S. mail to the debtor, debtor's attorney, the case trustee, and the U.S. Trustee.
• What are the requirements to convert a case from Chapter 13 to Chapter 11?
  To convert a case from Chapter 13 to Chapter 11 requires a notice of motion and hearing with five (5) days notice by personal service or eight (8) days notice by U.S. mail to the debtor, debtor's attorney the case trustee and/or the U.S. Trustee. A conversion fee is due—see the Bankruptcy Fee Compendium or Bankruptcy Fee Schedule .
• What are the requirements to convert a case from Chapter 7 to Chapter 13?
  If the moving party is the debtor, only a notice of conversion is required. If the moving party is the debtor and the case had a prior conversion, it must be done by notice of motion with twenty (20) days notice to all creditors, the case trustee, and U.S. Trustee. If the moving party is not the debtor, it must be done by notice of motion with twenty (20) days notice to the debtor, trustee, and all creditors.
• What are the requirements to convert a case from Chapter 11 to Chapter 7?
  If the moving party is the debtor, the Court requires an ex parte motion and order unless a trustee is serving in the case, the case started as an involuntary, or the case wasn't always a Chapter 11 and became a Chapter 11 on motion of someone other than the debtor. If the moving party is not the debtor, the Court requires a notice of motion with twenty (20) days notice to interested parties and the debtor.
• Can creditors be added after the discharge is issued?
  Yes. Creditors can be added at anytime during the pendency of the case and must be accompanied by a $26.00 fee and a completed Amendment Cover Sheet .
• What is the procedure for a Chapter 13 hardship discharge?
  Buffalo: Notice of motion and hearing on twenty (20) days notice to debtor, debtor's attorney, case trustee, U.S. Trustee, creditors, and other parties in interest is required.
  Rochester: A request for a Section 1328 hardship discharge is a default procedure which requires the filing of a motion on notice containing specific "default language," supporting affidavits, and a proposed order as an exhibit to the motion.
• What are the motion requirements for reopening a case?
  An ex parte motion and order must be filed in CM/ECF. One (1) chambers copy must be filed with the court. (If the movant is pro se or if the attorney has received a waiver from e-filing, the original plus two (2) copies must be filed.) The reopening fee must be submitted in conjunction with the request. The decision to reopen a case is at the discretion of the Bankruptcy Court. In order to be in a position to exercise its discretion when ex parte motions are presented to the Court, the moving papers must have sufficient detail as to what relief is proposed to be obtained, and the reasonable likelihood that such relief will be granted.
  The Court reserves the right to schedule a hearing on notice in connection with the determination as to whether a case should be reopened. If the reopening is to add pre-petition debts in a no-asset Chapter 7 case, please refer to Judge Ninfo's decision In re Tucker.