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Duties of a Debtor

As a debtor, bankruptcy provides you a number of benefits but also imposes many duties. The court may dismiss your case if you do not comply with certain statutory requirements and deadlines under applicable rules. Some of the more important duties you should know about are listed below.

  • Obtaining credit counseling before you file your petition.
  • Filing all required statements and schedules and making sure all information is complete and accurate. Check the requirements for filing a Chapter 7 or Chapter 13 case.
  • Making sure you have provided the court with a correct Social Security or Taxpayer ID Number. If the information on your petition was incorrect, you must send a Notice of Corrected Social Security Number to all creditors and the major credit reporting agencies, and file a Corticate of Service: Notice of Corrected Social Security Number with the names and addresses of those notified.
  • Providing the trustee with pay advices (wage statements) from your employer. If for some reason (e.g., you were not employed) you do not have these for the 60 days before bankruptcy, complete the Debtor's Statement Regarding Payment Advices, Tax Returns, and Domestic Support Obligations and mail to the trustee at least 7 days before your meeting of creditors.
  • Providing the trustee with a copy of your most recent federal tax return. If you do not have a copy, you may order a copy or transcript from the IRS. If you did not need to file a tax return for the most recent tax year, complete the Debtor's Statement Regarding Payment Advices, Tax Returns, and Domestic Support Obligations and mail to the trustee at least 7 days before your meeting of creditors.
  • Attending the meeting of creditors, sometimes called a "341 meeting".
  • Keeping current on domestic support obligations, such as child support and alimony. Report any domestic support obligations to the trustee using the Debtor's Statement Regarding Payment Advices, Tax Returns, and Domestic Support Obligations.
  • Notifying other parties of your bankruptcy case if you are involved in a lawsuit or collection action.
  • Completing a course in personal financial management (debtor education) after filing your petition.
  • In a chapter 13 case, filing a plan and starting to make payments to the trustee within 30 days after filing your petition.