| AMENDMENTS
TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
|
|
|
|
|
|
|
| |
Rule 4002. Duties of Debtor
(a) IN GENERAL. In addition
to performing other duties prescribed by the Code and rules,
the debtor shall:
(1) attend and submit to an examination at
the times ordered by the court;
(2) attend the hearing on a complaint objecting
to discharge and testify, if called as a witness;
(3) inform the trustee immediately in writing
as to the location of real property in which the debtor has
an interest and the name and address of every person holding
money or property subject to the debtor’s withdrawal
or order if a schedule of property has not yet been filed
pursuant to Rule 1007;
(4) cooperate with the trustee in the preparation
of an inventory, the examination of proofs of claim, and the
administration of the estate; and
(5) file a statement of any change of the
debtor’s address.
(b) INDIVIDUAL DEBTOR’S DUTY TO PROVIDE DOCUMENTATION.
(1) Personal Identification. Every individual debtor shall
bring to the meeting of creditors under § 341:
(A) a picture identification issued by a
governmental unit, or other personal identifying information
that establishes the debtor’s identity; and
(B) evidence of social security number(s), or a written statement
that such documentation does not exist.
(2) Financial Information. Every individual debtor shall bring
to the meeting of creditors under § 341 and make available
to the trustee the following documents or copies of them,
or provide a written statement that the documentation does
not exist or is not in the debtor’s possession:
(A) evidence of current income such as the most recent payment
advice;
(B) unless the trustee or the United States trustee instructs
otherwise, statements for each of the debtor’s depository
and investment accounts, including checking, savings, and
money market accounts, mutual funds and brokerage accounts
for the time period that includes the date of the filing of
the petition; and
(C) documentation of monthly expenses claimed
by the debtor when required by § 707(b)(2)(A) or (B).
(3) Tax Return. At least 7 days before the
first date set for the meeting of creditors under § 341,
the debtor shall provide to the trustee a copy of the debtor’s
Federal income tax return for the most recent tax year ending
immediately before the commencement of the case and 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.
(4) Tax Returns Provided to Creditors. If
a creditor, at least 15 days before the first date set for
the meeting of creditors under § 341, requests a copy
of the debtor’s tax return that is to be provided to
the trustee under subdivision (b)(3), the debtor shall provide
to the requesting creditor a copy of the return, including
any attachments, or a transcript of the tax return, or provide
a written statement that the documentation does not exist
at least 7 days before the first date set for the meeting
of creditors under § 341.
(5) The debtor’s obligation to provide
tax returns under Rule 4002(b)(3) and (b)(4) is subject to
procedures for safeguarding the confidentiality of tax information
established by the Director of the Administrative Office of
the United States Courts.
|