The 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.
Image courtesy of Flickr and chapendra.