Notes on 11 U.S.C. § 521 : US Code - Notes

Search Notes on 11 U.S.C. § 521 : US Code - Notes

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2586; Pub. L. 98-353, title
III, Secs. 305, 452, July 10, 1984, 98 Stat. 352, 375; Pub. L. 99-
554, title II, Sec. 283(h), Oct. 27, 1986, 100 Stat. 3117; Pub. L.
109-8, title I, Sec. 106(d), title II, Sec. 225(b), title III,
Secs. 304(1), 305(2), 315(b), 316, title IV, Sec. 446(a), title VI,
Sec. 603(c), title VII, Sec. 720, Apr. 20, 2005, 119 Stat. 38, 66,
78, 80, 89, 92, 118, 123, 133.)
HISTORICAL AND REVISION NOTES
LEGISLATIVE STATEMENTS
Section 521 of the House amendment modifies a comparable
provision contained in the House bill and Senate amendment. The
Rules of Bankruptcy Procedure should provide where the list of
creditors is to be filed. In addition, the debtor is required to
attend the hearing on discharge under section 524(d).
SENATE REPORT NO. 95-989
This section lists three duties of the debtor in a bankruptcy
case. The Rules of Bankruptcy Procedure will specify the means of
carrying out these duties. The first duty is to file with the court
a list of creditors and, unless the court orders otherwise, a
schedule of assets and liabilities and a statement of his financial
affairs. Second, the debtor is required to cooperate with the
trustee as necessary to enable the trustee to perform the trustee's
duties. Finally, the debtor must 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. This phrase "recorded information, including books,
documents, records, and papers," has been used here and throughout
the bill as a more general term, and includes such other forms of
recorded information as data in computer storage or in other
machine readable forms.
The list in this section is not exhaustive of the debtor's
duties. Others are listed elsewhere in proposed title 11, such as
in section 343, which requires the debtor to submit to examination,
or in the Rules of Bankruptcy Procedure, as continued by Sec.
404(a) of S. 2266, such as the duty to attend any hearing on
discharge, Rule 402(2).
REFERENCES IN TEXT
Section 3 of the Employee Retirement Income Security Act of 1974,
referred to in subsec. (a)(7), is classified to section 1002 of
Title 29, Labor.
Sections 530(b)(1) and 529(b)(1) of the Internal Revenue Code of
1986, referred to in subsec. (c), are classified to sections
530(b)(1) and 529(b)(1), respectively, of Title 26, Internal
Revenue Code.
Section 315(c) of the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005, referred to in subsec. (g)(2), is section
315(c) of Pub. L. 109-8, which is set out as a note under this
section.
AMENDMENTS
2005 - Pub. L. 109-8, Sec. 106(d)(1), designated existing
provisions as subsec. (a).
Subsec. (a). Pub. L. 109-8, Sec. 304(1), added concluding
provisions.
Subsec. (a)(1). Pub. L. 109-8, Sec. 315(b)(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "file a
list of creditors, and unless the court orders otherwise, a
schedule of assets and liabilities, a schedule of current income
and current expenditures, and a statement of the debtor's financial
affairs;".
Subsec. (a)(2). Pub. L. 109-8, Sec. 305(2)(A), struck out
"consumer" before "debts" in introductory provisions.
Subsec. (a)(2)(B). Pub. L. 109-8, Sec. 305(2)(B), substituted "30
days after the first date set for the meeting of creditors under
section 341(a)" for "forty-five days after the filing of a notice
of intent under this section" and "30-day" for "forty-five day".
Subsec. (a)(2)(C). Pub. L. 109-8, Sec. 305(2)(C), inserted ",
except as provided in section 362(h)" before semicolon.
Subsec. (a)(3), (4). Pub. L. 109-8, Sec. 603(c), inserted "or an
auditor serving under section 586(f) of title 28" after "serving in
the case".
Subsec. (a)(6). Pub. L. 109-8, Sec. 304(1), added par. (6).
Subsec. (a)(7). Pub. L. 109-8, Sec. 446(a), added par. (7).
Subsec. (b). Pub. L. 109-8, Sec. 106(d)(2), added subsec. (b).
Subsec. (c). Pub. L. 109-8, Sec. 225(b), added subsec. (c).
Subsec. (d). Pub. L. 109-8, Sec. 305(2)(D), added subsec. (d).
Subsecs. (e) to (h). Pub. L. 109-8, Sec. 315(b)(2), added
subsecs. (e) to (h).
Subsec. (i). Pub. L. 109-8, Sec. 316, added subsec. (i).
Subsec. (j). Pub. L. 109-8, Sec. 720, added subsec. (j).
1986 - Par. (4). Pub. L. 99-554 inserted ", whether or not
immunity is granted under section 344 of this title" after second
reference to "estate".
1984 - Par. (1). Pub. L. 98-353, Sec. 305(2), inserted "a
schedule of current income and current expenditures," after
"liabilities,".
Pars. (2) to (5). Pub. L. 98-353, Sec. 305(1), (3), added par.
(2), redesignated former pars. (2) to (4) as (3) to (5),
respectively.
Pub. L. 98-353, Sec. 452, which directed the insertion of ",
whether or not immunity is granted under section 344 of this title"
after second reference to "estate" in par. (3) as redesignated
above, could not be executed because such reference appeared in
par. (4) rather than in par. (3).
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-8, title VI, Sec. 603(e), Apr. 20, 2005, 119 Stat.
123, provided that: "The amendments made by this section [amending
this section, section 727 of this title and section 586 of Title
28, Judiciary and Judicial Procedure, and enacting provisions set
out as a note under section 586 of Title 28] shall take effect 18
months after the date of enactment of this Act [Apr. 20, 2005]."
Amendment by sections 106(d), 225(b), 304(1), 305(2), 315(b),
316, 446(a), and 720 of Pub. L. 109-8 effective 180 days after Apr.
20, 2005, and not applicable with respect to cases commenced under
this title before such effective date, except as otherwise
provided, see section 1501 of Pub. L. 109-8, set out as a note
under section 101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27,
1986, see section 302(a) of Pub. L. 99-554, set out as a note under
section 581 of Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-353 effective with respect to cases filed
90 days after July 10, 1984, see section 552(a) of Pub. L. 98-353,
set out as a note under section 101 of this title.
CONFIDENTIALITY OF TAX INFORMATION
Pub. L. 109-8, title III, Sec. 315(c), Apr. 20, 2005, 119 Stat.
91, provided that:
"(1) Not later than 180 days after the date of the enactment of
this Act [Apr. 20, 2005], the Director of the Administrative Office
of the United States Courts shall establish procedures for
safeguarding the confidentiality of any tax information required to
be provided under this section.
"(2) The procedures under paragraph (1) shall include
restrictions on creditor access to tax information that is required
to be provided under this section.
"(3) Not later than 540 days after the date of enactment of this
Act, the Director of the Administrative Office of the United States
Courts shall prepare and submit to the President pro tempore of the
Senate and the Speaker of the House of Representatives a report
that -
"(A) assesses the effectiveness of the procedures established
under paragraph (1); and
"(B) if appropriate, includes proposed legislation to -
"(i) further protect the confidentiality of tax information;
and
"(ii) provide penalties for the improper use by any person of
the tax information required to be provided under this
section."
PROVIDING REQUESTED TAX DOCUMENTS TO THE COURT
Pub. L. 109-8, title XII, Sec. 1228, Apr. 20, 2005, 119 Stat.
200, provided that:
"(a) Chapter 7 Cases. - The court shall not grant a discharge in
the case of an individual who is a debtor in a case under chapter 7
of title 11, United States Code, unless requested tax documents
have been provided to the court.
"(b) Chapter 11 and Chapter 13 Cases. - The court shall not
confirm a plan of reorganization in the case of an individual under
chapter 11 or 13 of title 11, United States Code, unless requested
tax documents have been filed with the court.
"(c) Document Retention. - The court shall destroy documents
submitted in support of a bankruptcy claim not sooner than 3 years
after the date of the conclusion of a case filed by an individual
under chapter 7, 11, or 13 of title 11, United States Code. In the
event of a pending audit or enforcement action, the court may
extend the time for destruction of such requested tax documents."