Bankruptcy In Brief

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Debtor’s Duties In Bankruptcy

bankruptcy to do listThe list of duties of the debtor in connection with a bankruptcy case expanded with the 2005 bankruptcy “reform”.

The list is found in 11 U.S. C. 521.

Edited and simplified, those duties include:

  • File schedules, statement of financial affairs, certificate of §342(b) notices
  • Provide payment advices (pay stubs) received in 60 days before filing
  • File statement of monthly net income itemized to show how income is calculated &disclosures of anticipated changes in income and expenses
  • File statement of intentions with respect to property subject to secured claim
  • Perform such intentions
  • Appear at the 341 meeting
  • Not retain property without reaffirmation or redemption
  • Get certificate of credit counseling
  • Disclose interest in education individual retirement account or state tuition program
  • Provide trustee with copy or transcript of last filed federal tax return [failure = dismissal]
  • Upon request file copy of tax return annually while case pending
  • In 13, file an annual statement of income and expenses for the previous tax year. and a monthly income of the debtor, within 45 days of anniversary of plan confirmation [521 (f)(4)]
  • Show identification documents on request
  • File post petition tax returns or get an extension

Designed to be daunting by a Congress hostile to individual debtors , the list largely consists of documenting the information in the schedules.

While tedious, it should not bar the attentive debtor from getting a discharge.  An experienced bankruptcy lawyer will prompt you to get everything done so your case goes smoothly and you get your discharge.

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Image courtesy of Flickr and chapendra.

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643 Bair Island Road
Suite 403
Redwood City, CA 94063

Phone 650.694.4700

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About the Author
 
 
Northern California bankruptcy lawyer Cathy is a 30+ year veteran of bankruptcy practice in the Silicon Valley. She is known for energetic representation of clients and her command of bankruptcy law.

 

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