§521. Debtor’s duties — Inbound Citations

Code of Federal Regulations Citations

Cited by 2 regulations in the Code of Federal Regulations.

• 12 C.F.R. § 1026.41(e)(5)(i)(B) — Periodic statements for residential mortgage loans.

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  (B) (1) The consumer requests in writing that the servicer cease providing a periodic statement or coupon book;

  (2) The consumer's bankruptcy plan provides that the consumer will surrender the dwelling securing the mortgage loan, provides for the avoidance of the lien securing the mortgage loan, or otherwise does not provide for, as applicable, the payment of pre-bankruptcy arrearage or the maintenance of payments due under the mortgage loan;

  (3) A court enters an order in the bankruptcy case providing for the avoidance of the lien securing the mortgage loan, lifting the automatic stay pursuant to 11 U.S.C. 362 with regard to the dwelling securing the mortgage loan, or requiring the servicer to cease providing a periodic statement or coupon book; or

  (4) The consumer files with the court overseeing the bankruptcy case a statement of intention pursuant to 11 U.S.C. 521(a) identifying an intent to surrender the dwelling securing the mortgage loan and a consumer has not made any partial or periodic payment on the mortgage loan after the commencement of the consumer's bankruptcy case.

• 28 C.F.R. § 58.12(b)(10) — Definitions.

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  (10) The term “certificate” means the certificate identified in 11 U.S.C. 521(b)(1) that an approved agency shall provide to a client after the client completes counseling services;

Citations to 11 U.S.C. § 521 as a whole

• 11 U.S.C. § 526(c)(2)(B)

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  (B) provided bankruptcy assistance to an assisted person in a case or proceeding under this title that is dismissed or converted to a case under another chapter of this title because of such agency’s intentional or negligent failure to file any required document including those specified in section 521; or

• 11 U.S.C. § 527(c)

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  (c) Except to the extent the debt relief agency provides the required information itself after reasonably diligent inquiry of the assisted person or others so as to obtain such information reasonably accurately for inclusion on the petition, schedules or statement of financial affairs, a debt relief agency providing bankruptcy assistance to an assisted person, to the extent permitted by nonbankruptcy law, shall provide each assisted person at the time required for the notice required under subsection (a)(1) reasonably sufficient information (which shall be provided in a clear and conspicuous writing) to the assisted person on how to provide all the information the assisted person is required to provide under this title pursuant to section 521, including—

  (1) how to value assets at replacement value, determine current monthly income, the amounts specified in section 707(b)(2) and, in a chapter 13 case, how to determine disposable income in accordance with section 707(b)(2) and related calculations;

  (2) how to complete the list of creditors, including how to determine what amount is owed and what address for the creditor should be shown; and

  (3) how to determine what property is exempt and how to value exempt property at replacement value as defined in section 506.

• 11 U.S.C. § 707(b)(2)(C)

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  (C) As part of the schedule of current income and expenditures required under section 521, the debtor shall include a statement of the debtor’s current monthly income, and the calculations that determine whether a presumption arises under subparagraph (A)(i), that show how each such amount is calculated.

• 28 U.S.C. § 159(c)(3)(B)

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  (B) the current monthly income, average income, and average expenses of debtors as reported on the schedules and statements that each such debtor files under sections 521 and 1322 of title 11;

Citations to §521(a)

• Fed. R. Bankr. P. 1007(b)(2)(A)

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  (A) file the statement of intention required by § 521(a) (Form 108); and

Citations to §521(a)(1)

• 11 U.S.C. § 523(a)(3)

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  (3) neither listed nor scheduled under section 521(a)(1) of this title, with the name, if known to the debtor, of the creditor to whom such debt is owed, in time to permit—

  (A) if such debt is not of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim, unless such creditor had notice or actual knowledge of the case in time for such timely filing; or

  (B) if such debt is of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim and timely request for a determination of dis­chargeability of such debt under one of such paragraphs, unless such creditor had notice or actual knowledge of the case in time for such timely filing and request;

• 11 U.S.C. § 554(c)

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  (c) Unless the court orders otherwise, any property scheduled under section 521(a)(1) of this title not otherwise administered at the time of the closing of a case is abandoned to the debtor and administered for purposes of section 350 of this title.

• 11 U.S.C. § 707(a)(3)

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  (3) failure of the debtor in a voluntary case to file, within fifteen days or such additional time as the court may allow after the filing of the petition commencing such case, the information required by paragraph (1) of section 521(a), but only on a motion by the United States trustee.

• 11 U.S.C. § 1106(a)(2)

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  (2) if the debtor has not done so, file the list, schedule, and statement required under section 521(a)(1) of this title;

• 11 U.S.C. § 1111(a)

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  (a) A proof of claim or interest is deemed filed under section 501 of this title for any claim or interest that appears in the schedules filed under section 521(a)(1) or 1106(a)(2) of this title, except a claim or interest that is scheduled as disputed, contingent, or unliquidated.

• 11 U.S.C. § 1112(e)

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  (e) Except as provided in subsections (c) and (f), the court, on request of the United States trustee, may convert a case under this chapter to a case under chapter 7 of this title or may dismiss a case under this chapter, whichever is in the best interest of creditors and the estate if the debtor in a voluntary case fails to file, within fifteen days after the filing of the petition commencing such case or such additional time as the court may allow, the information required by paragraph (1) of section 521(a), including a list containing the names and addresses of the holders of the twenty largest unsecured claims (or of all unsecured claims if there are fewer than twenty unsecured claims), and the approximate dollar amounts of each of such claims.

• 11 U.S.C. § 1307(c)(9)

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  (9) only on request of the United States trustee, failure of the debtor to file, within fifteen days, or such additional time as the court may allow, after the filing of the petition commencing such case, the information required by paragraph (1) of section 521(a);

• Fed. R. Bankr. P. 1017(c)

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  (c) On motion of the United States trustee, the court may dismiss a voluntary Chapter 7 case under § 707(a)(3), or a Chapter 13 case under § 1307(c)(9), for a failure to timely file the information required by § 521(a)(1). But the court may do so only after a hearing on notice served by the United States trustee on the debtor, trustee, and any other entity as the court orders.

• Fed. R. Bankr. P. 3003(c)(5)

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  (5) Effect of Filing a Proof of Claim or Interest. A proof of claim or interest signed and filed under (c) supersedes any scheduling of the claim or interest under § 521(a)(1).

Citations to §521(a)(1)(B)(i)

• Fed. R. Bankr. P. 3003(b)(1)

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  (1) Creditor’s Claim. An entry on the schedule of liabilities filed under § 521(a)(1)(B)(i) is prima facie evidence of the validity and the amount of a creditor’s claim—except for a claim scheduled as disputed, contingent, or unliquidated. Filing a proof of claim is unnecessary except as provided in (c)(2).

Citations to §521(a)(1)(B)(ii)

• 11 U.S.C. § 101(10A)(A)(i)

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  (i) the last day of the calendar month immediately preceding the date of the commencement of the case if the debtor files the schedule of current income required by section 521(a)(1)(B)(ii); or

• 11 U.S.C. § 101(10A)(A)(ii)

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  (ii) the date on which current income is determined by the court for purposes of this title if the debtor does not file the schedule of current income required by section 521(a)(1)(B)(ii); and

Citations to §521(a)(2)

• 11 U.S.C. § 362(h)(1)

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  (1) In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2)—

  (A) to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as applicable; and

  (B) to take timely the action specified in such statement, as it may be amended before expiration of the period for taking action, unless such statement specifies the debtor’s intention to reaffirm such debt on the original contract terms and the creditor refuses to agree to the reaffirmation on such terms.

• 11 U.S.C. § 362(h)(1)(A)

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  (A) to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as applicable; and

• 11 U.S.C. § 362(h)(2)

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  (2) Paragraph (1) does not apply if the court determines, on the motion of the trustee filed before the expiration of the applicable time set by section 521(a)(2), after notice and a hearing, that such personal property is of consequential value or benefit to the estate, and orders appropriate adequate protection of the creditor’s interest, and orders the debtor to deliver any collateral in the debtor’s possession to the trustee. If the court does not so determine, the stay provided by subsection (a) shall terminate upon the conclusion of the hearing on the motion.

• 11 U.S.C. § 1307(c)(10)

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  (10) only on request of the United States trustee, failure to timely file the information required by paragraph (2) of section 521(a); or

• Fed. R. Bankr. P. 1009(b)

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  (b) A debtor may amend a statement of intention at any time before the time provided in § 521(a)(2) expires. The debtor must give notice of the amendment to the trustee and any affected entity.

Citations to §521(a)(2)(B)

• 11 U.S.C. § 704(a)(3)

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  (3) ensure that the debtor shall perform his intention as specified in section 521(a)(2)(B) of this title;

Citations to §521(b)

• Fed. R. Bankr. P. 1007(b)(3)(A)

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  (A) a certificate and any debt-repayment plan required by § 521(b);

• Fed. R. Bankr. P. 1007(b)(3)(B)

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  (B) a statement that the debtor has received the credit-counseling briefing required by § 109(h)(1), but does not have a § 521(b) certificate;

Citations to §521(c)

• Fed. R. Bankr. P. 1007(b)(1)(F)

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  (F) a record of the debtor’s interest, if any, in an account or program of the type specified in § 521(c).

Citations to §521(f)

• Fed. R. Bankr. P. 4004(c)(1)(L)

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  (L) a motion is pending to delay discharge because the debtor has not filed with the court all tax documents required to be filed under § 521(f).