11 U.S.C. § 521 : US Code - Section 521: Debtor's duties

Search 11 U.S.C. § 521 : US Code - Section 521: Debtor's duties

(a) The debtor shall -
(1) file -
(A) a list of creditors; and
(B) unless the court orders otherwise -
(i) a schedule of assets and liabilities;
(ii) a schedule of current income and current expenditures;
(iii) a statement of the debtor's financial affairs and, if
section 342(b) applies, a certificate -
(I) of an attorney whose name is indicated on the
petition as the attorney for the debtor, or a bankruptcy
petition preparer signing the petition under section
110(b)(1), indicating that such attorney or the bankruptcy
petition preparer delivered to the debtor the notice
required by section 342(b); or
(II) if no attorney is so indicated, and no bankruptcy
petition preparer signed the petition, of the debtor that
such notice was received and read by the debtor;
(iv) copies of all payment advices or other evidence of
payment received within 60 days before the date of the filing
of the petition, by the debtor from any employer of the
debtor;
(v) a statement of the amount of monthly net income,
itemized to show how the amount is calculated; and
(vi) a statement disclosing any reasonably anticipated
increase in income or expenditures over the 12-month period
following the date of the filing of the petition;
(2) if an individual debtor's schedule of assets and
liabilities includes debts which are secured by property of the
estate -
(A) within thirty days after the date of the filing of a
petition under chapter 7 of this title or on or before the date
of the meeting of creditors, whichever is earlier, or within
such additional time as the court, for cause, within such
period fixes, the debtor shall file with the clerk a statement
of his intention with respect to the retention or surrender of
such property and, if applicable, specifying that such property
is claimed as exempt, that the debtor intends to redeem such
property, or that the debtor intends to reaffirm debts secured
by such property;
(B) within 30 days after the first date set for the meeting
of creditors under section 341(a), or within such additional
time as the court, for cause, within such 30-day period fixes,
the debtor shall perform his intention with respect to such
property, as specified by subparagraph (A) of this paragraph;
and
(C) nothing in subparagraphs (A) and (B) of this paragraph
shall alter the debtor's or the trustee's rights with regard to
such property under this title, except as provided in section
362(h);
(3) if a trustee is serving in the case or an auditor serving
under section 586(f) of title 28, cooperate with the trustee as
necessary to enable the trustee to perform the trustee's duties
under this title;
(4) if a trustee is serving in the case or an auditor serving
under section 586(f) of title 28, surrender to the trustee all
property of the estate and any recorded information, including
books, documents, records, and papers, relating to property of
the estate, whether or not immunity is granted under section 344
of this title;
(5) appear at the hearing required under section 524(d) of this
title;
(6) in a case under chapter 7 of this title in which the debtor
is an individual, not retain possession of personal property as
to which a creditor has an allowed claim for the purchase price
secured in whole or in part by an interest in such personal
property unless the debtor, not later than 45 days after the
first meeting of creditors under section 341(a), either -
(A) enters into an agreement with the creditor pursuant to
section 524(c) with respect to the claim secured by such
property; or
(B) redeems such property from the security interest pursuant
to section 722; and
(7) unless a trustee is serving in the case, continue to
perform the obligations required of the administrator (as defined
in section 3 of the Employee Retirement Income Security Act of
1974) of an employee benefit plan if at the time of the
commencement of the case the debtor (or any entity designated by
the debtor) served as such administrator.
If the debtor fails to so act within the 45-day period referred to
in paragraph (6), the stay under section 362(a) is terminated with
respect to the personal property of the estate or of the debtor
which is affected, such property shall no longer be property of the
estate, and the creditor may take whatever action as to such
property as is permitted by applicable nonbankruptcy law, unless
the court determines on the motion of the trustee filed before the
expiration of such 45-day period, and after notice and a hearing,
that such property is of consequential value or benefit to the
estate, orders appropriate adequate protection of the creditor's
interest, and orders the debtor to deliver any collateral in the
debtor's possession to the trustee.
(b) In addition to the requirements under subsection (a), a
debtor who is an individual shall file with the court -
(1) a certificate from the approved nonprofit budget and credit
counseling agency that provided the debtor services under section
109(h) describing the services provided to the debtor; and
(2) a copy of the debt repayment plan, if any, developed under
section 109(h) through the approved nonprofit budget and credit
counseling agency referred to in paragraph (1).
(c) In addition to meeting the requirements under subsection (a),
a debtor shall file with the court a record of any interest that a
debtor has in an education individual retirement account (as
defined in section 530(b)(1) of the Internal Revenue Code of 1986)
or under a qualified State tuition program (as defined in section
529(b)(1) of such Code).
(d) If the debtor fails timely to take the action specified in
subsection (a)(6) of this section, or in paragraphs (1) and (2) of
section 362(h), with respect to property which a lessor or bailor
owns and has leased, rented, or bailed to the debtor or as to which
a creditor holds a security interest not otherwise voidable under
section 522(f), 544, 545, 547, 548, or 549, nothing in this title
shall prevent or limit the operation of a provision in the
underlying lease or agreement that has the effect of placing the
debtor in default under such lease or agreement by reason of the
occurrence, pendency, or existence of a proceeding under this title
or the insolvency of the debtor. Nothing in this subsection shall
be deemed to justify limiting such a provision in any other
circumstance.
(e)(1) If the debtor in a case under chapter 7 or 13 is an
individual and if a creditor files with the court at any time a
request to receive a copy of the petition, schedules, and statement
of financial affairs filed by the debtor, then the court shall make
such petition, such schedules, and such statement available to such
creditor.
(2)(A) The debtor shall provide -
(i) not later than 7 days before the date first set for the
first meeting of creditors, to the trustee a copy of the Federal
income tax return required under applicable law (or at the
election of the debtor, a transcript of such return) for the most
recent tax year ending immediately before the commencement of the
case and for which a Federal income tax return was filed; and
(ii) at the same time the debtor complies with clause (i), a
copy of such return (or if elected under clause (i), such
transcript) to any creditor that timely requests such copy.
(B) If the debtor fails to comply with clause (i) or (ii) of
subparagraph (A), the court shall dismiss the case unless the
debtor demonstrates that the failure to so comply is due to
circumstances beyond the control of the debtor.
(C) If a creditor requests a copy of such tax return or such
transcript and if the debtor fails to provide a copy of such tax
return or such transcript to such creditor at the time the debtor
provides such tax return or such transcript to the trustee, then
the court shall dismiss the case unless the debtor demonstrates
that the failure to provide a copy of such tax return or such
transcript is due to circumstances beyond the control of the
debtor.
(3) If a creditor in a case under chapter 13 files with the court
at any time a request to receive a copy of the plan filed by the
debtor, then the court shall make available to such creditor a copy
of the plan -
(A) at a reasonable cost; and
(B) not later than 5 days after such request is filed.
(f) At the request of the court, the United States trustee, or
any party in interest in a case under chapter 7, 11, or 13, a
debtor who is an individual shall file with the court -
(1) at the same time filed with the taxing authority, a copy of
each Federal income tax return required under applicable law (or
at the election of the debtor, a transcript of such tax return)
with respect to each tax year of the debtor ending while the case
is pending under such chapter;
(2) at the same time filed with the taxing authority, each
Federal income tax return required under applicable law (or at
the election of the debtor, a transcript of such tax return) that
had not been filed with such authority as of the date of the
commencement of the case and that was subsequently filed for any
tax year of the debtor ending in the 3-year period ending on the
date of the commencement of the case;
(3) a copy of each amendment to any Federal income tax return
or transcript filed with the court under paragraph (1) or (2);
and
(4) in a case under chapter 13 -
(A) on the date that is either 90 days after the end of such
tax year or 1 year after the date of the commencement of the
case, whichever is later, if a plan is not confirmed before
such later date; and
(B) annually after the plan is confirmed and until the case
is closed, not later than the date that is 45 days before the
anniversary of the confirmation of the plan;
a statement, under penalty of perjury, of the income and
expenditures of the debtor during the tax year of the debtor most
recently concluded before such statement is filed under this
paragraph, and of the monthly income of the debtor, that shows
how income, expenditures, and monthly income are calculated.
(g)(1) A statement referred to in subsection (f)(4) shall
disclose -
(A) the amount and sources of the income of the debtor;
(B) the identity of any person responsible with the debtor for
the support of any dependent of the debtor; and
(C) the identity of any person who contributed, and the amount
contributed, to the household in which the debtor resides.
(2) The tax returns, amendments, and statement of income and
expenditures described in subsections (e)(2)(A) and (f) shall be
available to the United States trustee (or the bankruptcy
administrator, if any), the trustee, and any party in interest for
inspection and copying, subject to the requirements of section
315(c) of the Bankruptcy Abuse Prevention and Consumer Protection
Act of 2005.
(h) If requested by the United States trustee or by the trustee,
the debtor shall provide -
(1) a document that establishes the identity of the debtor,
including a driver's license, passport, or other document that
contains a photograph of the debtor; or
(2) such other personal identifying information relating to the
debtor that establishes the identity of the debtor.
(i)(1) Subject to paragraphs (2) and (4) and notwithstanding
section 707(a), if an individual debtor in a voluntary case under
chapter 7 or 13 fails to file all of the information required under
subsection (a)(1) within 45 days after the date of the filing of
the petition, the case shall be automatically dismissed effective
on the 46th day after the date of the filing of the petition.
(2) Subject to paragraph (4) and with respect to a case described
in paragraph (1), any party in interest may request the court to
enter an order dismissing the case. If requested, the court shall
enter an order of dismissal not later than 5 days after such
request.
(3) Subject to paragraph (4) and upon request of the debtor made
within 45 days after the date of the filing of the petition
described in paragraph (1), the court may allow the debtor an
additional period of not to exceed 45 days to file the information
required under subsection (a)(1) if the court finds justification
for extending the period for the filing.
(4) Notwithstanding any other provision of this subsection, on
the motion of the trustee filed before the expiration of the
applicable period of time specified in paragraph (1), (2), or (3),
and after notice and a hearing, the court may decline to dismiss
the case if the court finds that the debtor attempted in good faith
to file all the information required by subsection (a)(1)(B)(iv)
and that the best interests of creditors would be served by
administration of the case.
(j)(1) Notwithstanding any other provision of this title, if the
debtor fails to file a tax return that becomes due after the
commencement of the case or to properly obtain an extension of the
due date for filing such return, the taxing authority may request
that the court enter an order converting or dismissing the case.
(2) If the debtor does not file the required return or obtain the
extension referred to in paragraph (1) within 90 days after a
request is filed by the taxing authority under that paragraph, the
court shall convert or dismiss the case, whichever is in the best
interests of creditors and the estate.