{"id":409,"date":"2012-01-12T01:27:54","date_gmt":"2012-01-12T01:27:54","guid":{"rendered":"http:\/\/www.westcoastbk.com\/blog\/?p=409"},"modified":"2012-09-12T06:31:41","modified_gmt":"2012-09-12T06:31:41","slug":"duties-of-the-debtor-and-federal-rule-of-bankruptcy-procedure-4002","status":"publish","type":"post","link":"https:\/\/www.westcoastbk.com\/blog\/2012\/01\/duties-of-the-debtor-and-federal-rule-of-bankruptcy-procedure-4002\/","title":{"rendered":"Duties of the Debtor and Federal Rule of Bankruptcy Procedure 4002"},"content":{"rendered":"

By Ryan C. Wood<\/a><\/p>\n

There are a number of duties a debtor must comply with when filing bankruptcy.\u00a0 Federal Rule of Bankruptcy Procedure (FRBP) 4002 provides in detail some of the duties of a debtor once a bankruptcy petition for relief is filed.<\/p>\n

The first thing listed is that the debtor shall attend and submit to an examination at the times ordered by the court.\u00a0 Examination of the person filing bankruptcy is required by Section 341 of the Bankruptcy Code.\u00a0 The 341 meeting of the creditors is required in every bankruptcy case.\u00a0 The meeting of creditors is usually held 30 \u2013 45 days after the date the bankruptcy case was filed.\u00a0 A debtor may also be examined pursuant to FRBP 2004.\u00a0 A Rule 2004 examination is somewhat rare in consumer bankruptcy cases, but not unheard of.<\/p>\n

At the 341 meeting of the creditors FRBP 4002 requires a debtor to provide a picture identification issued by a governmental unit or other personal identifying information that establishes the debtor\u2019s identity and evidence of social-security number, or a written statement that such documentation does not exist.\u00a0 A driver\u2019s license and social security card are the common forms of identification used.\u00a0 A W-2 or social security correspondence listing your social security number could also be used to verify your social security number.\u00a0 You must provide the trustee assigned to your case proof of income by providing your pay stubs for the prior 60 days.\u00a0 Some courts will require that your last 60 days of pay stubs be filed with the bankruptcy petition.\u00a0 Unless the trustee or the United States trustee instructs otherwise, a debtor must provide statements for each of the debtor\u2019s depository and investment accounts, checking, savings, and money accounts, mutual funds and brokerage accounts for the time period that includes the date of the filing of the petition.\u00a0 Depending upon the jurisdiction, the trustee may require copies of bank account statements or other depository accounts prior to the 341 meeting of the creditors.\u00a0 You must also provide the trustee a copy of your federal tax return for the most recent tax year ending immediately before the commencement of the case for which a return was filed, including any attachments, or a transcript of the tax return, or provide a written statement that the documentation does not exist.\u00a0 In most jurisdictions your attorney will make sure the trustee has all of the required documents prior to the 341 meeting of the creditors.<\/p>\n

One of the most important duties is the requirement of a debtor to always keep their mailing address with the court current and accurate.\u00a0 It is very important that all court notices are received timely.<\/p>\n

A debtor must provide their tax return to a creditor if a creditor requests at least 14 days prior to the first date set for the 341 meeting of the creditors a copy of the debtor\u2019s tax return that is to be provided to the trustee including any attachments, or a transcript of the tax return, or provide a written statement that the documentation does not exist.\u00a0 If the debtor does not provide the tax return to the creditor the creditor can request the dismissal of the bankruptcy case.<\/p>\n

To discuss your circumstances with one of our experienced bankruptcy attorneys in Oakland<\/a> or schedule a free consultation with our bankruptcy attorney<\/a> to find out how bankruptcy can help you get rid of your debts, call us toll free at 1-877-963-9543.<\/p>\n","protected":false},"excerpt":{"rendered":"

There are a number of duties a debtor must comply with when filing bankruptcy. Federal Rule of Bankruptcy Procedure (FRBP) 4002 provides in detail some of the duties of a debtor once a bankruptcy petition for relief is filed.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[43],"tags":[],"_links":{"self":[{"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/posts\/409"}],"collection":[{"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/comments?post=409"}],"version-history":[{"count":7,"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/posts\/409\/revisions"}],"predecessor-version":[{"id":711,"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/posts\/409\/revisions\/711"}],"wp:attachment":[{"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/media?parent=409"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/categories?post=409"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/tags?post=409"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}