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, 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; and
          (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,
        perform his intention with respect to such property, as
        specified by subparagraph (A) of this paragraph;

      except that 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 is
      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 is
      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 7 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 7 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.