April 2006
Volume 2, Number 3
Table of Contents

Individual Chapter 7 and 13 Checklist 1 2

Pre-Filing

____ Disclosures to Client – within 3 days of initial meeting (11 U.S.C, §§ 527 and 342(b)(1);

____ Initial Fee Agreement within 5 days of initial meeting (11 U.S.C, § 528(a))

____ Credit Counseling Certificate (11 U.S.C, § 109(h))

Due On Petition Date

____ Voluntary Petition (11 U.S.C. § 301 and Bankruptcy Rule 1002))

____ Statement of Social Security Number (Bankruptcy Rule 1007(c) and (f))

____ Certificate of Credit Counseling (and Debt Repayment Plan, if applicable) - (11 U.S.C, § 109(h), 521(b), and Bankruptcy Rule 1007(b)(3) and (c))

____ Certificate of Notice to Individual Consumer Debtors (11 U.S.C. §521(a)(1)(B)(iii) and 342(b))

____ List of Creditors with Cover Sheet (11 U.S.C. §521(a)(1)(A) and Bankruptcy Rule 1007(a)(1))

Within 15 Days After Filing Petition

____ Schedules A – J and Summary of Schedules (11 U.S.C. §521(a)(1)(B)(i), (ii) and (v), and Bankruptcy Rule 1007(b)(1)(A), (B), (C) and 1007(c)).

____ Statement of Financial Affairs (11 U.S.C. §521(a)(1)(B)(iii) and Bankruptcy Rule 1007(b)(1)(D) and 1007(c))

____ Chapter 13 Statement of Current Monthly Income and Disposable Income Calculation (Chapter 13 Only) (11 U.S.C. §1325(b)(2) and (3), and Bankruptcy Rule 1007(b)(6) and 1007(c))

____ Chapter 13 Plan and Related Motions (Chapter 13 only) (11 U.S.C. §1321 and Bankruptcy Rule 3015(b))

____ Chapter 7 Statement of Current Monthly Income and Means Test (Chapter 7 only – Primarily Consumer Debts Only) (11 U.S.C. § 707(b) and Bankruptcy Rule 1007(b)(4) and 1007(c))

____ Disclosure Statement of Attorney Compensation (Bankruptcy Rule 2106(b)

____ Copies of Pay Stubs (payment advices) for 60 days prior to filing – or statement saying none exist (11 U.S.C. §521(a)(1)(iv) and Bankruptcy Rule 1007(b)(1)(E) and 1007(c))

____ Record of any interest the Debtor has in an Educational IRA, or similar account (11 U.S.C. §521(c) and Bankruptcy Rule 1007(b)(1)(F) and 1007(c))

_____ Statement disclosing reasonably anticipated increases in income or expenses over next 12 months (11 U.S.C. §521(a)(1)(B)(vi))

____ Statistical Summary of Certain Liabilities (28 U.S.C. §159)

Within 30 Days After Filing Petition

____ Statement of Intentions (Chapter 7 only) (within 30 days after petition date or on or before meeting of creditors, whichever is earlier) (11 U.S.C. § 521(a)(2))

____ Commence Chapter 13 Plan Payments (Chapter 13 Only) (11 U.S.C. §1326(a)(1))

____ Pay adequate protection payments (Chapter 13 Only) (11 U.S.C. §1326(a)(1))

At Least 7 Days Before Section 341 Meeting

____ Copy of most recently filed tax year return to the case Trustee (11 U.S.C. §521(e)(2))

At Least One Day Before Section 341 Meeting

____ File all tax returns with taxing authorities for previous 4 years (Chapter 13 Only) (11 U.S.C. §1308)

Within 60 Days After Filing Of Petition

____ Provide proof of insurance to secured creditor (Chapter 13 Only) (11 U.S.C. §1326(a)(4)

Within 45 Days After First Date Set For Meeting Of Creditors

____ Statement regarding completion of Personal Financial Management Course (Chapter 7 Cases Only) (11 U.S.C. §727(a)(11) and Bankruptcy Rule 1007(b)(7) and 1007(c))

Annually

____ Federal Tax Returns when filed with taxing authority (Chapter 13 Only) (11 U.S.C. § 521(f)(1)) (only if requested by court, UST or party in interest)

____ Annual Statement of Income and Expenditures and monthly income of Debtor showing how income, expenditures and monthly income are calculated (Chapter 13 only) (11 U.S.C. §521(f)(4)) (only if requested by court, UST or party in interest (beginning 90 days after end of tax year or 1 year after commencement of case, whichever is later, if plan not confirmed by such later date, and annually after plan confirmed not later than 45 days before anniversary of confirmation of plan)

No Later Than Last Payment Made In Chapter 13 Case

____ Statement regarding completion of Personal Financial Management Course (Chapter 13 Only) (11 U.S.C. §1328(g) and Bankruptcy Rule 1007(b)(7) and 1007(c))

No Earlier Than Date Of Last Payment Under The Plan

____ Statement under 11 U.S.C. §522(q) as to whether proceeding pending in which debtor might be found guilty for 11 U.S.C. §522(q)(1)(A) debt or liable for 11 U.S.C. §522(q)(1)(B) (Chapter 13 Only) (11 U.S.C. §522(q) and Bankruptcy Rule 1007(b)(8) and 1007(c))

 

1 This checklist is for informational purposes only. This checklist reflects the requirements found in the Bankruptcy Act and the Federal Rules of Bankruptcy Procedure [Interim]. Local Rules may require additional filings and/or require that certain documents, such as the Social Security Number Statement, not be filed. Confirm your local requirements.

2 Prepared by Russell B. Adams III, Chung & Press, P.C., McLean, Virginia.

 

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