§ 41.1 — Duty to File Statements and Schedules

Revised: August 10, 2009

[1]

Prior to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA),1 11 U.S.C. § 521[(a)](1) required a Chapter 13 debtor to file a list of creditors, a schedule of assets and liabilities, a schedule of current income and current expenditures and a statement of the debtor’s financial affairs. As explained above,2 the filing of Official Bankruptcy Forms 6 and 7 satisfied most of the debtor’s responsibilities under § 521[(a)](1) in a Chapter 13 case.

[2]

BAPCPA added many new filing requirements to § 521(a)(1),3 including a certificate of the § 342 notice,4 copies of payment advices received within 60 days before filing,5 a statement of monthly net income,6 and statement of reasonably anticipated increase in income or expenditures.7 Additional filing duties are found in Bankruptcy Rule 1007(b)(6) and elsewhere in § 521: Rule 1007(b)(6) requires every Chapter 13 debtor to file a statement of current monthly income formalized as Official Bankruptcy Form B22C;8 § 521(b) requires every debtor to file a certificate of completion of the required prebankruptcy briefing;9 § 521(c) requires the filing of any record of an interest in an education individual retirement account;10 and § 521(e) and (f) contain complex new filing and providing duties with respect to tax returns.11

[3]

A Chapter 13 debtor’s failure to file the schedules and statements is a ground for conversion or dismissal of the Chapter 13 case under § 1307(c), but only on the motion of the U.S. trustee.12 Failure to file the documents required under other subsections of § 521 may be cause for dismissal—in some instances, dismissal can be “automatic.”13


 

1  Pub. L. No. 109-8, 119 Stat. 23 (2005).

 

2  See §§ 34.3 [ List of Creditors and Addresses ] § 36.4  List of Creditors and Addresses36.1 [ Statement of Financial Affairs ] § 36.22  Statement of Financial Affairs.

 

3  See the full list in § 387.1 [ New Filing Requirements and Other Duties: A List ] § 42.1  Filing Requirements and Other Duties: A List.

 

4  See §§ 36.9 [ Section 342(b) Certificate ] § 36.32  Section 342(b) Certificate and 375.1 [ Certificate of § 342(b) Notice ] § 36.33  Certificate of § 342(b) Notice after BAPCPA.

 

5  See § 42.3  Payment Advices.

 

6  See § 36.17  Statement of Monthly Net Income.

 

7  See § 36.18  Statement of Anticipated Increase in Income or Expenditures.

 

8  See § 36.19  Form 122C-1: Statement of Current Monthly Income and § 92.3  Current Monthly Income: The Baseline.

 

9  See § 36.25  Briefing Requirement and Certificate.

 

10  See § 36.34  Record of Education Individual Retirement Account.

 

11  See § 42.4  Tax Return Duties—In General>.

 

12  See §§ 311.2 [ Conversion on Request of Creditor or Trustee ] § 141.2  Conversion on Request of Creditor or Trustee and 312.1 [ Cause for Conversion ] § 141.3  Cause for Conversion.

 

13  See § 388.1 [ Consequences of Failure to File Required Information, Including “Automatic Dismissal” ] § 42.2  Consequences of Failure to File Required Information, Including “Automatic Dismissal”.