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DUTIES OF DEBTOR

Rule No: 
4002-1
Effective Date: 
12/01/2016

 

(a)    Delivery of Documents to Trustee.

                         (1)          Timing of Production and Declaration.   Unless otherwise ordered, all documents required to be provided to the trustee by the debtor pursuant to 11 U.S.C. §§ 521(a)(1)(B)(iv) and(e)(2)(A)(i) and Fed. R. Bankr. P. 4002(b)(2) and (3) shall be submitted at least 7 days prior to the date first set for the 11 U.S.C. § 341 meeting of creditors.  These documents are not to be filed with the court but instead these documents shall be delivered to the trustee in the manner described in subsection (2) below.  The documents shall be attached to the debtor's declaration, signed under penalty of perjury, stating that the documents are true copies of the originals.

                         (2)          Method of Production.  Unless otherwise instructed by the trustee, and except as provided in subsection (3) below, the declaration and documents described in subsection (1) shall be transmitted to the trustee pursuant to the instructions for the individual trustee as listed on the court’s website at www.wawb.uscourts.gov/united-states-trustee.  If documents are sent to the trustee by email, the email shall reference the case number and the debtor's last name.  The debtor's attorney shall retain the original, signed declaration pursuant to the rules governing pleadings filed electronically.

                         (3)          Exceptions to Production by Electronic Means.   Copies of the declaration and documents may be delivered to the trustee in conventional form by pro se debtors and where production of the documents electronically would be unduly burdensome. 

(b)          Tax Returns.  Tax information filed with the court, whether pursuant to 11 U.S.C. § 521 or for any other reason, shall be subject to the procedures for safeguarding confidentiality established by the Director of the Administrative Office of the United States Courts, established pursuant to Fed. R. Bankr. P. 4002(b)(5), and as may be amended from time to time.  Any proposed order granting access to a debtor's tax information must contain the following language:

Movant is hereby advised that the tax information obtained is confidential and may not be disseminated except as appropriate under the circumstances of the case.  Movant is further advised that substantial monetary sanctions (up to $10,000 per disclosure without further notice) and other sanctions may be imposed by the Court for an improper use, disclosure, or dissemination of the tax information.

Requests for tax information filed with the court should be accompanied by a self-addressed, stamped envelope bearing sufficient postage.                        

              

Committee Comment

               For reference purposes only, the debtor’s duties to produce documents are summarized in the chart below:

 

Type of Document

Definition/Reference

Deadline for Production to Trustee

Payment Advices/Pay Stubs

11 U.S.C. §521(a)(1)(iv), Fed. R. Bankr. P. 1007(b)(1)(E), 1007(c) , and 4002(b)(2)(A)

  • Chapter 7 Cases: no later than 7 days prior to the 11 U.S.C. § 341 meeting of creditors
  • Chapter 13 Cases: no later than 14 days after the filing of the petition

Bank and Investment Account Statements                        

Fed. R. Bankr. P. 4002(b)(2)(B)

No later than 7 days prior to the 11 U.S.C. § 341 meeting of creditors

Federal Tax Returns

11 U.S.C. § 521(e)(2)(A), Fed. R. Bankr. P. 4002(b)(3)

No later than 7 days prior to the 11 U.S.C. § 341 meeting of creditors