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What are the responsibilities of the debtor?

June 28, 2022

By Diane Drain Attorney & Retired Law Professor

The Debtor may not submit any papers to the Bankruptcy Court until he or she is confident that the information is (1) accurate; and (2) warranted by existing law or a good faith argument for the modification of the existing law.

9011 is a rule. To put it another way, someone who is representing himself in a bankruptcy must be familiar with both the bankruptcy and state laws that pertain to their circumstance. Ignorance of the law is not an acceptable excuse.

Regarding the information submitted by the Debtor, the Debtor’s counsel must make the same oath. Under Section 707(b)(4), sanctions may be imposed.

Section 521 describes:

the documents that must be filed
the 60 day deadline for filing the pay checks
filing of the Mean’s Test (Official Form B22A)
deadline for filing statement of intention and performing same (§§111, 521(a)(2) & (a)(6),
appear at the required creditor’s meeting
complete the required credit briefing class (before filing the bankruptcy §109(h)) and budget class (after filing the bankruptcy §§111, 727(a)(11)).
7 days before the creditor’s meeting deliver to the Trustee a copy of the last tax return filed or a transcript, provide the Trustee with proof of identity and other documents (bank statements, wage statements, tax returns, car titles, etc..)
Click here for the timeline. (§521(i)(1).
All creditors must receive notice of the bankruptcy (§521(a)(1)(A).
This notice requirement includes all addresses on all mail received in the last 90 days prior to filing. §342(c)
Failure to provide notice to the correct address may mean the creditor can continue legal actions outside the bankruptcy court, until they receive notice at the correct address.

Failure to meet these dates will very certainly result in the bankruptcy case being dismissed.

Some of the preceding requirements may not apply if the Debtor is a corporation, or if the debts are not predominantly consumer obligations, or if the Debtor has nonexempt property in excess of a certain dollar amount. §101(3).

By |Published On: June 28th, 2022|Last Updated: July 28th, 2022|

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About the Author: Diane Drain

Diane L. Drain - Bankruptcy LawyerDiane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.

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