New York Affidavit Pursuant to Local Rule 1009-1(a) (12/1/16) is a legal document used in New York State courts. It is a sworn statement of facts made by a party or witness in a particular legal proceeding. This affidavit is used to certify that the facts contained in the document are true and correct to the best of the affine's knowledge and belief. There are two types of New York Affidavit Pursuant to Local Rule 1009-1(a) (12/1/16): the Affidavit of Service and the Affidavit of Merit. The Affidavit of Service is used to certify that a party in a legal proceeding has been officially served with legal documents. The Affidavit of Merit is used to certify that the facts contained in a legal document are true and correct. Both of these affidavits must be signed and notarized in order to be recognized by the court.
New York Affidavit Pursuant to Local Rule 1009-1(a) (12/1/16)
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If a list, schedule, or statement, other than a statement of intention, is not prepared and filed as required by this rule, the court may order the trustee, a petitioning creditor, committee, or other party to prepare and file any of these papers within a time fixed by the court.
Authority to Take a Rule 2004 Exam: FRBP 2004 provides parties with the opportunity to conduct an examination of a person and/or documents, even though an adversary proceeding has not been filed. This is called a "Rule 2004 Examination".
LBR 9013-1(o) provides that some motions may be filed and served without first scheduling a hearing, and must contain notice that parties have a chance to request a hearing. 1. LBR 9013-1(o) provides the procedure for giving notice that parties have an Opportunity to File a Response and Request a Hearing.
Rule 1007-2 List of Creditors/Mailing Matrix. In all voluntary cases, the debtor shall file with the petition a list containing the name and complete address of each creditor in such format as directed by the Clerk's Office Procedures.
Local Rule 1009-1(a) requires that, whenever lists, schedules or statements are amended, an affidavit must be filed which sets forth the changes (additions, deletions, corrections) which have been made. In re. Name(s) of debtor(s) as it/they appear on the petition.
P. 4001(d), upon the filing of a declaration attesting that no objections have been timely filed within fourteen (14) days of the filing and service of the agreement or stipulation and notice thereof, the court may enter an order approving the agreement or stipulation.
AMENDMENT OF PETITION. The clerk may direct the debtor to file an amendment to the petition on a form prescribed by the clerk so as to correct any clerical mistakes in the debtor's name, address or identification number.