DEBTOR'S DUTIES IN BANKRUPTCY
The 2005 amendments to the bankruptcy code expanded the list of duties of the debtor in connection with the case. The list is found in 11 U.S. C. 521. Edited and simplified, those duties are:
- 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
- Files 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, the list largely consists of documenting the information in the schedules. While tedious, it should not bar the attentive debtor from getting a discharge.