TIME PERIODS & DEADLINES IN CHAPTER 7 & 13 BANKRUPTCY
Beware
these periods could change without notice Time
Chapter 7 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)
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)
A Debtor is prohibited from
receiving a discharge under Chapter 7 if they received a
discharge in a bankruptcy which was filed within the
last 8 years. A discharge may still be granted if the
prior bankruptcy discharge was Chapter 12 or 13, within
last 6 years, unless paid
100% of allowed unsecured claims, or paid at least 70%
allowed unsecured claims and the plan was proposed in
good faith and was the their best effort.
11 U.S.C. § 727(a)(8 & 9)
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)
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
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
The court may deny the
Debtor(s) a discharge of all debt if they attempted to
hinder, delay or defraud a creditor when they
transferred, removed, destroyed, mutilated, or concealed
property within one year prior to the filing of their
Chapter 7 petition.
11 U.S.C. § 727(a)(2).
The trustee may recover the property
from the person who received it if the transfer was made
within 2 years of filing, for less than fair market
value; or debtor intended to hinder, delay or defraud a
creditor.
The trustee may also recover any asset the debtor
transferred into a trust within 10 years before filing.
11 U.S.C. §548(a) May apply
to the extent of the chapter 7 plan analysis
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.
The Trustee may recover preferences and divide the money
among all creditors.
11 U.S.C. §§ 547(b)(4)(B), 547(c)(8),
101(31)
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.
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)
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)
Debtor(s) must be a resident
in the state in which they are filing for at least 91 of
the last 180
days before filing. 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
Debtor(s) must be a resident
in the state in which they are filing for at least 91 of
the last 180 days before filing. 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
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.
11 U.S.C. §§ 547(b)(4)(B), 547(c)(8)(9),
101(31)
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.
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 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.
11 U.S.C. § 523(a)(2). §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
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
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
A voluntary bankruptcy is
commenced when the Debtor(s) file a petition with the
Bankruptcy Court requesting protection from their
creditors under Chapter 7. 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 a 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 2 or more cases 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)
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 a 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
comp403(b) annuity, power exercised solely for third
party, expired lease of nonresidential real property and
pawned property and a few other items,
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 & The Means Test
A debtor, who is an
individual with primarily consumer debts, must complete
and file a
Statement of current monthly income and expense
information. This is not the same form as used in
Chapter 13 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); G.O. 94(F)(4)
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
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.
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.
Domestic
Support Obligations
If the Debtor owes domestic
support obligations (child support or alimony), then the
Trustee is required to provide to the person owed money
that assistance is available with the State child
support enforcement agency. At time of discharge
the Trustee is required to give the last recent known
address of the debtor, debtor's employ. 704(c)(1)
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 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
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)
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)
Presumption
of Abuse Under 707(b)
For debtors with primarily
consumer debts, the clerk shall give a notice of
presumption of abuse to all Creditors within 10 days
after filing.
Interim Rule 5008
Conflict
Within 15 days after filing
the Chapter 7 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)
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) & §707(a)(3); 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
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 and Means Test
Required by Clerk's Notice
to Debtors and Interim BK Rule 1007(c)
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)
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)
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.
The meeting date and other information can be obtained
by calling the court's Automated Information Line:
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:
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)
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)
Within 30 days after filing
the Chapter 7 petition
(or before the Creditor's meeting if that is earlier), the
Debtor(s) must file a Statement of Intention indicating whether
they will be surrendering or keeping personal property secured by
consumer debt. If the Debtor(s) are keeping secured
property, they will need to indicate whether they intend
to: (1) reaffirm the debt and continue to make the
payments remaining obligated for the balance of the
debt, or (2) redeem the property by immediately paying
the value of the property and receive a discharge for
the balance of the debt. §362(h)(1)
A copy of the Statement of
Intention must be served on the trustee and the
creditors named in the statement on or before the filing
of the statement.
11 U.S.C. § 521;
Bankruptcy Rule 1007(c)
Deadline to file
Statement of Intention As to Unexpired Lease
Within 30 days after filing
the Chapter 7 petition
(or before the Creditor's meeting if that is earlier), the
Debtor(s) must file a Statement of Intention indicating
whether they will be surrendering or keeping personal
property subject to an unexpired lease, otherwise stay
terminates §362(h)(1) & §521(a)(2)(A)
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).
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 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.
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 of the
Bankruptcy code requires the Trustee to preside at a
meeting of creditors within a "reasonable time." This
meeting is usually held between 20 and 40 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 effect their right to challenge the
discharge in a Chapter 7. If the Debtor(s) do not
attend, their case will be dismissed.
USC §§ 341 & 343
§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)
Deadline for
Trustee to file 707(b) Statement
If the trustee determines
that a Debtor's, who is an individual, income,
multiplied by 12, is greater than
median family income then they must file a statement
of presumed abuse under
§707(b)
The court shall provide copy of Trustee's statement to
all creditors. Within 30 days of filing statement
the Trustee shall file motion to dismiss or convert, or
a statement why dismissal or conversion is not
appropriate. Abuse under
§ 707(b) would
apply if the debtor's current monthly income, multiplied
by 12, is greater than
median family income.
§704(b)
Also, abuse if debtor's current monthly income, minus
allowed monthly expenses (see Means Test definition,
above), times 60, is less than the lesser of either 25%
of the debtor's non-priority unsecured claims (such as
credit cards and medical), or $6,000, whichever is
greater; or $10,000.
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
Rule 2084-9 (a)(1)
Failure to timely object will constitute acceptance of
Plan §1325(a)(5)(A)
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
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)
Conflict
As to personal property with
an allowed purchase price secured claim: Within 45 days after the
Creditor's meeting the debtor must enter into agreement
with creditor or redeem the property. §521(a)(6) The creditor
must provide the debtor complicated disclosures before entering
into reaffirmation agreement. §524(k) The agreement must be
approved by the court, if Debtor's attorney does not
sign. The debt cannot impose an undue hardship on
debtor or debtor's dependants. The debtor may
rescind the agreement within 60 days. §521(c)(4)
But
§521(a)(2)(B) sets 30 days
after creditor's meeting as deadline to perform.
Personal
Financial Management Course
Certificate must be filed
with the Court within 45 days after creditors meeting.
Course providers must be approved by the US Trustee's
Office 11 U.S.C .§111
and §727(a)(11), Interim BK Rules 1007(c)
Debtor
must file a record of interest in an education
individual retirement account or qualified State tuition
program
§521(c)
Creditors have until 60 days
after the first date set for creditor's meeting under §
341 to file a complaint under §
523(a)(2), (4) & (6).
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).
The most common objection to
discharge of a debt is based on §
523(a)(2). This section presumes that charges
totaling $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 case is commenced are not discharged. This
section 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
Creditors have until 60 days
after the first date set for creditor's meeting under §
341 to file a complaint under §727(a). §727(a) allows object to the discharge of
all debts because of misconduct including transfer,
destruction or concealment of property; concealment,
destruction, falsification or failure to keep financial
records; making false statements; withholding
information; failing to explain losses; failure to
respond to material questions; having received a
discharge in a prior case filed within the last 6 years.
Bankruptcy Rule 4004(a); see also
11 USC § 727(a)
Conflict
The U.S. Trustee or the
court have 60 days after the
first date set for creditor's meeting under § 341, to move to dismiss a case in
which debts are primarily consumer debts if it finds
that granting the debtor a discharge would be an abuse
of the provisions of Chapter 7. Abuse
is defined as having sufficient income to pay more than
25%, or $6,000, of your unsecured debt over the next 36 months.
Bankruptcy Rule 1017(e); see also
11 USC § 707(b), Interim BK Rule 1017.
Conflict
707(b)(1) provides that "any party in interest" may
bring this action, but Rule 1017(e) does not.
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??
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.
Arizona Department of Revenue, Bankruptcy Unit, 7th
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.
All refunds due you on
filing your chapter 7 must be surrendered to the
Trustee.
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, 7th
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.
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)
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)
If the chapter 7 case is
filed by individuals,
and the Personal Financial Management
Certificate has been filed
with the Court, and has filed requested tax documents
(521(f), or any other requirements, then the Court will enter
Discharge. The discharge is not absolute or final.
The trustee can ask that the discharge be set aside if
the Debtors do not turn over non-exempt property, and
for other violations of the Debtor's duties.
Bankruptcy Rule 4004(c)(1),
4004(a),
1017(e) and Interim BK Rule 4004(c)(H) If the
Debtors fails to timely perform The Clerk can close the
file, without entering the discharge. Interim BK
Rule 4006.
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)
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.
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)
Upon completion of plan
payments the discharge in Chapter 13 is entered.
11 U.S.C. § 1328
10 years
Before
Filing
8/6/4/2 Years
Before
Filing
Prior
Bankruptcy Prevents Filing of Chapter 7
Prior
Bankruptcy Prevents Filing of Chapter 7
3 Years,
4 Months
Before
Filing
2&1/2
Years
Before
Filing
2 to 2
1/2
Years
Before
Filing
2
years
Before
Filing
Transfer,
sale, concealment or destruction of property may prevent
discharge in Chapter 7
1
Year
Before
Filing
Payment to
Relative or Insider is a Preference
Payment to
Relative or Insider is a Preference
1
Year
Before
Filing
180
days
Before
Filing
Dismissal of
prior bankruptcy prevents filing Chapter 7.
Dismissal of
prior bankruptcy prevents filing Chapter 13.
91
days
Before
Filing
Minimum
Residency Requirement
Minimum
Residency Requirement
90 Days
Before
Filing
Payment to Creditor is a Preference
Payment to
Creditor is a Preference
90 Days
Before
Filing
70-90
Days
Before
Filing
Debt
presumed to be non-dischargeable
Debt
presumed to be non-dischargeable
1-180
days
Before
Filing
PETITION
FILING
DATE
Commencement
of Case
Commencement
of Case
Property
of the Estate
File With
the Petition
Same time
as filing the Petition
Anytime
after the Petition is Filed
5
Days
After
Filing
Petition
5
Days
After
Filing
Petition
10
Days
After
Filing
Petition
15
Days
After
Filing
Petition
Deadline to
File Schedules and Financial Statement
Deadline to File Schedules and Financial Statement
15
Days
After
Filing
Petition
15
Days
After
Filing
Petition
15
Days
After
Filing
Petition
15
Days
After
Filing
Petition
14-21
Days
After
Filing
Petition
Court Mails
Notice of Bankruptcy
Phoenix Office 602-682-4000
Tucson Division 520-620-7500
Yuma Division 928-783-2288
Court Mails
Notice of Bankruptcy
Phoenix Office 602-682-4000
Tucson Division 520-620-7500
Yuma Division 928-783-2288
20- 25
days
After
Filing
Petition
Serve Plan & Notice
on all Creditors - POST BAPCPA
Misc.
30
Days
After
Filing
Petition
Deadline to file
Statement of Intention
30
Days
After
Filing
Petition
30
Days
After
Filing
Petition
45
Days
After
Filing
Petition
15 Days
Before Creditor's Meeting
7 Days
Before Creditor's Meeting
1 Day
Before Creditor's Meeting
20 to 50
Days
After
Filing
Petition
§ 341 Meeting - "Creditor's Meeting"
§ 341
Meeting - "Creditor's Meeting"
60
Days
After
Filing
Petition
10
Days
After Creditor's Meeting
10
Days
After Creditor's Meeting
30
Days
After Creditor's Meeting Concluded
Deadline for
creditors or Trustee to object to claim of exempt
property
Deadline for
creditors or Trustee to object to claim of exempt
property
35+
Days
After Creditor's Meeting
20 to 45
Days
After Creditor's Meeting
45 days
After Creditor's Meeting
Deadline to perform under
Statement of Intention
45 days
After Creditor's Meeting
60 Days
After Creditor's Meeting
Deadline for
objection to discharge of a particular debt under
§523
60
Days
After
Creditor's Meeting
Deadline for
objection to discharge of all debt under §727(a)
60
Days
After
Creditor's Meeting
Deadline for
U.S. Trustee, any Party in Interest or Court to move to dismiss case for
substantial abuse under §707(b)
65+
Days
After Creditor's Meeting
60 Days
After Creditor's Meeting
Deadline to
file all due but unfiled tax returns
Deadline to
file all due but unfiled tax returns
90
Days
After
Creditor's Meeting
Deadline for
non-government creditor to file its Proof of Claim
Deadline for
non-government creditor to file its Proof of Claim
120+Days
After
Filing
Discharge
entered in Chapter 7 case
180 Days
After
Filing
Deadline for
governmental unit to file Proof of Claim
Deadline for
governmental unit to file
Proof of Claim
Misc
2 Years
After
Another Chapter 13 Discharged
4 Years
After
Another Discharge Entered
Prior to
Last Payment or Filing Motion to Discharge Chapter
13
Prior to
Discharge of
Chapter
13
Deadline for
objection to discharge of a particular debt under
§523 and 1328
As soon
as practical
After
Plan
Complete
Discharge
entered in Chapter 13