Time

Chapter 13

Non-Exempt Property Converted to Exempt

The value of non-exempt property that Debtor contributed to the homestead, coop or burial plot, in order to hinder, delay, or defraud a creditor shall not be protected as exempt.§522(o) Trustee may avoid transfers Debtor made to trust in order to hinder, delay, or defraud a creditor, in anticipation of money judgment or criminal fine. §549(e) 

Prior Bankruptcy Prevents Filing of Chapter 7

A Debtor is prohibited from receiving a discharge under Chapter 13 if they received a discharge in a 7,11 or 12 bankruptcy which was filed within the last 4 years; or a chapter 13 case in the last 2 years. 11 U.S.C. § 1328(f)

Homestead Limitation (but see McNabb)

Debtor may not exempt any equity in homestead over $125,000 if acquired 3 years, 4 months prior to filing (does not apply to farmers residence). Time limit does to apply if debtor transferred equity from prior residence, located in same state.  §522(p)  Interim BK Rules 1007(b)(F)(8) requires filing a statement if 522(q)(1)(A) or (B) applied.

Purchase of Motor Vehicle Used for Personal Use

1325(a)(9) - cannot force a cramdown on purchase money interest in a personal use vehicle if purchased 910 days before filing.

Debtor's Domicile Determines Exemptions

522(b)(3) Debtor's exemptions determined by the State of residence for last 2 years before filing.  If Debtor did not live in a single state for 2 years, then exemptions determined by where debtor domiciled the 6 months preceding the last 2 years before filing. If state law does not permit a non-resident to use exemptions, then Debtor may use federal exemptions

May apply to the extent of the chapter 7 plan analysis

Payment to Relative or Insider is a Preference

A total of $600 (primarily consumer debts) or $5,000 (not primarily consumer debts) or more in money or property which is paid to a creditor who is an insider, such as a relative or certain business associate, within a year prior to filing may be a preference. In Chapter 13, the Debtor(s) may be able to prevent the trustee from going after the relative by increasing the amount paid into their plan. 11 U.S.C. §§ 547(b)(4)(B, 547(c)(8), 101(31)

Purchase of Anything of value, Used for Personal Use

1325(a)(9) - cannot force a cramdown on purchase money interest in any personal use property if purchased within 1 year before filing.

Dismissal of prior bankruptcy prevents filing Chapter 13.

Debtor(s) may not file any bankruptcy if they filed a previous bankruptcy which was dismissed in the preceding 180 days either (1) on the court's order because of their willful failure to obey orders of the court or to appear in court when required; or (2) at the Debtor(s)' request after the filing of a request for relief from the automatic stay. 11 U.S.C. § 109(g)

Minimum Residency Requirement

Debtor(s) must be a resident in the state in which they are filing for the last 90 days.  If they have not resided in the state that long, they can only file in the state where they have resided, or which has been their principal place of business or which has been the location of their principal assets for the majority of the last 180 days.  28 USC §1408

Payment to Creditor is a Preference

A total of $600 (primarily consumer debts) or $5,000 (not primarily consumer debts) or more in money or property which is paid to a creditor within 90 days prior to filing may be a preference, unless incurred the ordinary course of business or financial affairs of the debtor. The Trustee may recover preferences and divide the money among all creditors.  In Chapter 13, the Debtor(s) may be able to prevent the trustee from going after the creditor by increasing the amount paid into their plan. 11 U.S.C. §§ 547(b)(4)(B), 547(c)(8), 101(31)

Creditor's Addresses and Account Numbers

The address and account numbers contained in any communications received from a creditor within 90 days prior to filing must be used on the Debtors schedules.  §342(c)(2)(A)  Failure to use the proper address may allow the creditor to seize your assets.

Debt presumed to be non-dischargeable

Debt of $750 for cash advances or $500 for "luxury goods or services - not necessary for support of family" incurred within 70 or 90 days, respectively, before the Bankruptcy is filed is presumed to be non-dischargeable and may need to be a paid after the bankruptcy is completed.  Applies hardship discharge in Chapter 13. 11 U.S.C. §§ 523(a)(2), 1328(b)  §523 denies a discharge for a debt which is domestic support obligations, certain taxes, not listed on schedule, government fines or penalties, any loan for educational purposes, HOA dues, debt owed to pension, plus more.  Bankruptcy Rule 4007(c); see also 11 USC § 523

Credit Counseling Course

Must be taken within 180 days PRIOR to filing the bankruptcy petition.  A certificate of completion must be filed with the Court.  Course providers must be approved by the US Trustee's Office 11 U.S.C .§109 & §111

Commencement of Case

A voluntary bankruptcy is commenced when the Debtor(s) file a petition with the Bankruptcy Court requesting protection from their creditors under Chapter 13.  A husband and wife may file one petition together and commence a joint case. A case number will be assigned - use it on all filings.

Must also file verified statement of Social Security number and the Credit Counseling Certificate. G.O. 94(F)(7)

The filing of the petition creates an automatic stay under 11 U.S.C. §362 prohibiting all collection actions. 11 U.S.C. §§ 301, 302, 101(42) - unless the Debtor has filed a prior bankruptcy in the last 12 months.  Stay good for only 30 days if filed one prior case in last 12 months. §362(c)(3)(A).  No stay at all if filed more than one prior case in last 12 months. §362(c)(4)(A)(i)  A dismissed case is a filed case.  No excuse for failure to understand the requirements. A motion to extend the Stay must be filed within 30 days of the Petition. §362(c)(3)(B) & (4)(B)

No automatic Stay if: 1) FED judgment involving residential property  entered pre-petition §362((b)(22); 2) if prior case in last 12 months stay terminates after 30 days as to debtor, but not estate §362(c)(3)(A)

Almost Everything you Own Belongs to the Bankruptcy Estate, except:

Up to one million in IRAs, under IRC 408 or 408A, plus earnings.  §522(n).  Up to $5,000 placed in Educational IRA or tuition credit between 1-2 years before filing - see §541(b)(5)&(6).  Also exempt are contributions to ERISA, deferred comp 403(b) annuity, power exercised solely for third party, expired lease of nonresidential real property and pawned property and a few other items.

This amount shall not constitute disposable income as defined in §1325(b)(2)

Statement of Current Monthly Income & Calculation of Commitment Period and Disposable Income

A debtor, who is an individual, must complete and file a Statement of Current Monthly Income.  If income is greater than the median family income then Debtor must file a calculation of disposable income and expense information.G.O.(F)(6)   This is not the same form as used in Chapter 7 cases.

Allowed monthly expenses: set forth under the National Standards and Local Standards for Housing and Utilities and Local Transportation Expenses and debtor's actual monthly expenses specified as Other Necessary Expenses.  Debtor can include charitable contributions, health, disability insurance and health savings expenses 707(b)(2)(A)(ii)(I), plus actual expenses for care and support of elderly, ill or disabled; plus actual education expenses up to $1,500/year/child - explain why not accounted for in above expense; include actual home energy expenses over Local Standards, plus all secured claims and arrears (chapter 13) divided by 60, plus all domestic support, divided by 60.  § 707.  Debtor's expenses may include actual administrative expenses for chapter 13. § 707(B)(2)(a)(ii)(III)

The debtor(s) shall file a statement if the individual debt is not required to file the Statement of Current Monthly Income and Means Test because debts are not primarily consumer.  GO 94

If there is a trustee's sale or foreclosure pending - immediately record a Notice of Bankruptcy in the county where the real property is located.

Deadline to File Master Mailing Matrix

The master mailing matrix must be filed no later than 5 calendar days after the Petition.  Failure to do so will mean that your case will be automatically dismissed

Deadline to File Statement of Social Security Number

The Statement of Social Security Number must be filed no later than 5 calendar days after the Petition.  Failure to do so may cause dismissal of case.  GO 94, Local Rule 1007-1

5 Days After Filing Petition

Deadline to File Credit Counseling Certificate

The Credit Counseling Certificate or certificate of exigent circumstances must be filed no later than 5 calendar days after the Petition.  Failure to do so WILL cause dismissal of case.  GO 94, §109(h)

Conflict

Deadline to File Schedules and Financial Statement

Within 15 days after filing the Chapter 13 petition, the Debtor(s)  must file schedules listing all assets and liabilities, current income and expenditures, executory contracts and unexpired leases, and a statement of their financial affairs §707(a)(3); but §521(i)(1) provides for automatic dismissal if not filed within 45 days; BUT G.O. 94 requires an actual order of dismissal be entered first.  § 707(a)(3), Bankruptcy Rule 1007(c); see also 11 U.S.C. § 521

Personal property, with a secured lien, shall be valued at replacement cost for property in same condition, without deducting costs of sale.  All other personal property shall be valued at the price a merchant would charge for similar property of same age and condition.  506(a)(2)

Deadline to File Chapter 13 Plan

A Chapter 13 Plan must also be filed within 15 days after the Petition is filed. The plan provides for submission of future income and the treatment of the creditors, specifying when and how much each kind of creditor will receive.  Must provide for payment of priority claims, including all past and current domestic support obligations.  §§1322 & 1325, Bankruptcy Rule 3015(b)

Disposable income does not include income for child support or disability for dependants.  Debtor may deduct expenses of child support/maintenance, charitable contributions of no more than 15% of gross income, plus costs of doing business.  1325((b)(B)

If income exceeds median, then plan is limited to 5 years, but could be less.  If income less than median, then plan may be no more than 3 years, unless approved by court §1322(d).  But see 1325(b)(3)(4).

Conflict

Payment Advices (pay stubs), or other evidence of payment received

Within 15 days after filing the Chapter 7 petition the Debtor must file copies of all payments received 60 days before filing, or a statement of monthly net income and a statement of increases in come or expenditures for next year §521(a)(1) & §1307(a)(9); but §521(i)(1) provides for automatic dismissal if not filed within 45 days  (Make sure to redact all but last 4 digits of social security number.)  G.O. 94

Deadline to File Statement of Current Monthly Income, Commitment Period and Disposable Income

Required by Clerk's Notice to Debtors and Interim BK Rule 1007(c)

Deadline to File Certificate of Debtor's Receipt of §342(b) Notice

Pursuant to §521(a)(B)(iii)(I), the Attorney or unrepresented debtor must file certificate that Debtor, with primarily consumer debts, received §342(b) notice.   707(a)(3)

Court Mails Notice of Bankruptcy

Approximately 2-3 weeks after the Debtor(s)'  case is filed, the court mails a Notice of Chapter 7 Bankruptcy, Case, Meeting of Creditors, & Deadlines to the Debtor(s) and to the creditors listed in schedules filed by the Debtor(s).  The notice contains meeting date, deadlines for objections to discharge and for filing Proofs of Claims. he meeting date and other information can be obtained by calling the court's Automated Information Line:
Phoenix Office 602-682-4000
Tucson Division 520-620-7500
Yuma Division 928-783-2288

Serve Plan & Notice on all Creditors - POST BAPCP

In the District of Arizona, the Debtor(s)' attorney must mail the Plan and notice of deadline to object to the Chapter 13 Plan to all creditors within 5 business days after filing Plan, or within 25 days after filing the Petition, whichever is earlier.  Local Rule 2084-8 (e)(1)  Failure to do so, the trustee, may continue the creditors meeting and require the debtor to notice out the continued meeting.   Debtor shall file a certificate of service within 5 business days.Rule 2002 and G.O. 95

Amendments to Schedules, etal

If a creditor is added to the schedules after the Petition is filed, the Debtor shall include the full social security number on the creditor's notice, but only the last 4 digits on the notice filed with the court. §342(c)(1)

Deadline to Make first Plan payment

Debtor must make the proposed plan payment, pay lease of personal property and pay adequate protection payments.  1326(a)(1)

AUTOMATIC DISMISSAL

Pursuant to §521(i)(1) Debtor's case shall be automatically dismissed is they fail to to any of the following: file list of creditor, schedule of assets and liabilities, current income and expenses, statement of financial affairs, pay stubs, statement of monthly net income statement of increased income or expenses for next 12 months, and a certificate that the Debtor received the §342 notice.  §521(a)(1).  Court may extend, if request is made within 45 day deadline. §521(i)(3)  But see 15 day deadline in 707(a)(3).

Federal Tax Return to Creditor

The Debtor must provide a creditor a copy of the tax return, or transcript, for the last year a return was actually filed, if that request is made at least 15 days before the creditors meeting,   §521(e)(12)(A)(i), Interim BK Rule 4002   Make sure to remove confidential tax information, such as children's names and social security numbers.

Federal Tax Return to Trustee

At least 7 days before the Creditor's Meeting the Trustee must be provided a copy of the Federal income tax return, or transcript for the last year a return was actually filed.  §521(e)(12)(A)(i), Interim BK Rule 4002  Do not send to the Court.  (Clerk's Notice to Debtors)  The Court shall dismiss the case if the debtor fails to perform. The Debtor shall provide the same to any creditor who requests.

Tax Returns

Deadline for debtor to file all necessary tax returns due for last 4 years. §1308(a)

§ 341 Meeting - "Creditor's Meeting"

§341 of the Bankruptcy code requires the Trustee to preside at a meeting of creditors within a "reasonable time."  This meeting is usually held 20 and 50 days after Bankruptcy is filed.  Interim BK Rule 2003  Both our office and the court will provide our debtor clients with the date, time and location of this meeting.

The Debtor(s) in the Bankruptcy case are required to attend this meeting and testify under oath that the information filed with the Court is accurate.  Most creditors do not come to the meeting.  The failure of creditors to attend the meeting does not affect their right to object to the plan in a Chapter 13.  If the Debtor(s) do not attend, their case will be dismissed.  USC §§ 341 & 343

Deadline to Provide Proof of Insurance

As to personal property - Debtor must provide a purchase money secured creditor or lessor with proof of insurance. 1326(a)(4)

Creditor's deadline to Object to Plan POST BAPCPA

Creditor must object to plan within 10 calendar days after Creditor's Meeting, or 25 days after service of Plan, whichever is later. Local Rule2084-9 (a)(1)  Failure to timely object will constitute acceptance of Plan §1325(a)(5)(A)

Deadline for creditors or Trustee to object to claim of exempt property

Creditors and the Trustee have until 30 days after the conclusion of the creditor's meeting, or the filing of any amendment, to object to the property the Debtor(s) has claimed as exempt in Schedule C.  Most creditor's meetings are concluded on the same day they are set, occasionally the meeting is continued to a later date, which will extend the time that creditors have to object. §522(l) Objections based on 522(q) are extended to the close of the case.  Interim Bankruptcy Rule 4003

Trustee's deadline to file Recommendation to Plan- POST BAPCPA

Trustee must file his recommendation or objection to the plan within 35 calendar days after Creditor's Meeting, or 50 days after service of Plan, whichever is later.

If Debtor has not made any payments by this date, Trustee can request a dismissal. G.O. 95.

Court's deadline to hold hearing on Confirmation of Plan §1324

But, in Arizona, Court may confirm plan without a hearing if no objections, or TE and objecting creditors sign stipulated Order. GO 95(X)

Debtor's deadline to Comply Recommendation/Objection to Plan

The Debtor must comply with the Trustee's recommendation/ objection to the plan within 30 days after trustee files recommendation/objection, or file objection and set matter for hearing  G.O. 95.

OLD LAW??

Deadline to file all due but unfiled tax returns

For cases filed in the District of Arizona, the Debtor(s) must file all due but unfiled tax returns within 60 days after the first date set for the §341 - Creditor's meeting. Do not file for an extension without the Trustee's permission.  If you fail to file all the returns the Trustee will lodge an order dismissing your bankruptcy.  During the pendency of your bankruptcy send all your returns to: Internal Revenue Service, Insolvency Centralization, PO Box 21125, Philadelphia PA 19114.  If your plan has not been confirmed use PO Box 21126.

Arizona Department of Revenue, Bankruptcy Unit, 7^th Floor, 1600 W. Monroe, Phoenix, AZ  85007.  If it is important that you file immediately you can also hand deliver the returns to 210 East Earll, Phoenix.  Take two copies of the executed return with you and have the clerk date stamp it - send these to the Trustee and your Attorney.

Conflict - Deadline for debtor to file all necessary tax returns due for last 4 years. §1308(a)

For at least the first 2 years of your chapter 13 all refunds will be paid into your Plan, unless the Trustee agrees otherwise.

Deadline for non-government creditor to file its Proof of Claim

A creditor, other than a governmental unit, must file its Proof of Claim within 90 days after the after the first date set for creditor's meeting under § 341 in order to share in payments from the estate. Bankruptcy Rule 3002(c)

Deadline for governmental unit to file Proof of Claim

A governmental unit, such as the Internal Revenue Service, must file its Proof of Claim within the commencement of the case in order to share in payments from the estate. Bankruptcy Rule 3002(c)(1)

Debtor's obligation to file timely tax returns

At any time during the chapter 13 case the Court can dismiss the case if the Debtor fails to file of all tax return §521(j)(1)

No Discharge Allowed in Chapter 13

If another chapter 13 case was discharged in the 2 years preceding the filing of the current chapter 13.  §1328(f)(2)

No Discharge Allowed in Chapter 13

If a chapter 7, 11 or 12 case was discharged in the 4 years preceding the filing of the current chapter 13.  §1328(f)(1)

Personal Financial Management Course

Certificate must be filed with the Court before the last payment is made or filing of motion for entry of Discharge.  Course providers must be approved by the US Trustee's Office 11 U.S.C .§111 and §1328(g)(1), Interim BK Rules 1007(c)

Domestic Support Obligations

After completing the plan the Debtor must certify that all domestic support obligations are current.  11 U.S.C .§1328(a)

Pre-filing Contributions to Homestead

Interim BK Rules 1007(b)(F)(8) requires filing a statement if 522(q)(1)(A) or (B) applied.

Deadline for objection to discharge of a particular debt under §523 and 1328

Bankruptcy Rule 4007(d) - on Debtor's motion for discharge under §1328 the court shall enter an order fixing deadlines for filing dischargeability complaints under §523(c) - 30 day notice to creditors.  § 523 allows creditors to object to the discharge of debts which were obtained by false pretenses, a false representation, or actual fraud; debt from fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny; and debt for willful and malicious injury §523(c)(1).

§§523 and 1328 denies a discharge for a debt which is domestic support obligations, certain taxes, debts not listed on bankruptcy schedules, government fines or penalties, any loan for educational purposes, HOA dues, debt owed to pension, criminal finds, restitution for willful personal injury or death, plus more. USC § 523 and 1328(a)  

Discharge entered in Chapter 13

Upon completion of plan payments the discharge in Chapter 13 is entered.  11 U.S.C. § 1328