Section 521 of the House amendment modifies a comparable provision contained in the House bill and Senate amendment. The Rules of Bankruptcy Procedure should provide where the list of creditors is to be filed. In addition, the debtor is required to attend the hearing on discharge under section 524(d).
This section lists three duties of the debtor in a bankruptcy case. The Rules of Bankruptcy Procedure will specify the means of carrying out these duties. The first duty is to file with the court a list of creditors and, unless the court orders otherwise, a schedule of assets and liabilities and a statement of his financial affairs. Second, the debtor is required to cooperate with the trustee as necessary to enable the trustee to perform the trustee’s duties. Finally, the debtor must surrender to the trustee all property of the estate, and any recorded information, including books, documents, records, and papers, relating to property of the estate. This phrase “recorded information, including books, documents, records, and papers,” has been used here and throughout the bill as a more general term, and includes such other forms of recorded information as data in computer storage or in other machine readable forms.
The list in this section is not exhaustive of the debtor’s duties. Others are listed elsewhere in proposed title 11, such as in section 343, which requires the debtor to submit to examination, or in the Rules of Bankruptcy Procedure, as continued by § 404(a) of S. 2266, such as the duty to attend any hearing on discharge, Rule 402(2).
Section 3 of the Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(7), is classified to section 1002 of Title 29, Labor.
Sections 530(b)(1), 529A(b), and 529(b)(1) of the Internal Revenue Code of 1986, referred to in subsec. (c), are classified to sections 530(b)(1), 529A(b), and 529(b)(1), respectively, of Title 26, Internal Revenue Code.
Section 315(c) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, referred to in subsec. (g)(2), is section 315(c) of Pub. L. 109–8, which is set out as a note under this section.
2014—Subsec. (c). Pub. L. 113–295 inserted “, an interest in an account in a qualified ABLE program (as defined in section 529A(b) of such Code,” after “Internal Revenue Code of 1986)”.
2010—Subsec. (a)(2). Pub. L. 111–327, § 2(a)(16)(A)(iii), in subpar. (C) substituted “except that” for subpar. (C) designation.
Subsec. (a)(2)(A). Pub. L. 111–327, § 2(a)(16)(A)(i), struck out “the debtor shall” after “period fixes,” and inserted “and” after semicolon at end.
Subsec. (a)(2)(B). Pub. L. 111–327, § 2(a)(16)(A)(ii), struck out “the debtor shall” after “period fixes,” and “and” after semicolon at end.
Subsec. (a)(3), (4). Pub. L. 111–327, § 2(a)(16)(B), inserted “is” after “auditor”.
2009—Subsec. (e)(3)(B). Pub. L. 111–16, § 2(5), substituted “7 days” for “5 days”.
Subsec. (i)(2). Pub. L. 111–16, § 2(6), substituted “7 days” for “5 days”.
2005—Pub. L. 109–8, § 106(d)(1), designated existing provisions as subsec. (a).
Subsec. (a). Pub. L. 109–8, § 304(1), added concluding provisions.
Subsec. (a)(1). Pub. L. 109–8, § 315(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “file a list of creditors, and unless the court orders otherwise, a schedule of assets and liabilities, a schedule of current income and current expenditures, and a statement of the debtor’s financial affairs;”.
Subsec. (a)(2). Pub. L. 109–8, § 305(2)(A), struck out “consumer” before “debts” in introductory provisions.
Subsec. (a)(2)(B). Pub. L. 109–8, § 305(2)(B), substituted “30 days after the first date set for the meeting of creditors under section 341(a)” for “forty-five days after the filing of a notice of intent under this section” and “30-day” for “forty-five day”.
Subsec. (a)(2)(C). Pub. L. 109–8, § 305(2)(C), inserted “, except as provided in section 362(h)” before semicolon.
Subsec. (a)(3), (4). Pub. L. 109–8, § 603(c), inserted “or an auditor serving under section 586(f) of title 28” after “serving in the case”.
Subsec. (a)(6). Pub. L. 109–8, § 304(1), added par. (6).
Subsec. (a)(7). Pub. L. 109–8, § 446(a), added par. (7).
Subsec. (b). Pub. L. 109–8, § 106(d)(2), added subsec. (b).
Subsec. (c). Pub. L. 109–8, § 225(b), added subsec. (c).
Subsec. (d). Pub. L. 109–8, § 305(2)(D), added subsec. (d).
Subsecs. (e) to (h). Pub. L. 109–8, § 315(b)(2), added subsecs. (e) to (h).
Subsec. (i). Pub. L. 109–8, § 316, added subsec. (i).
Subsec. (j). Pub. L. 109–8, § 720, added subsec. (j).
1986—Par. (4). Pub. L. 99–554 inserted “, whether or not immunity is granted under section 344 of this title” after second reference to “estate”.
1984—Par. (1). Pub. L. 98–353, § 305(2), inserted “a schedule of current income and current expenditures,” after “liabilities,”.
Pars. (2) to (5). Pub. L. 98–353, § 305(1), (3), added par. (2), redesignated former pars. (2) to (4) as (3) to (5), respectively.
Pub. L. 98–353, § 452, which directed the insertion of “, whether or not immunity is granted under section 344 of this title” after second reference to “estate” in par. (3) as redesignated above, could not be executed because such reference appeared in par. (4) rather than in par. (3).
Pub. L. 113–295, div. B, title I, § 104(d),
Amendment by Pub. L. 111–16 effective
Pub. L. 109–8, title VI, § 603(e),
Amendment by sections 106(d), 225(b), 304(1), 305(2), 315(b), 316, 446(a), and 720 of Pub. L. 109–8 effective 180 days after
Amendment by Pub. L. 99–554 effective 30 days after
Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after
Pub. L. 109–8, title III, § 315(c), “(1) Not later than 180 days after the date of the enactment of this Act [“(2) The procedures under paragraph (1) shall include restrictions on creditor access to tax information that is required to be provided under this section.“(3) Not later than 540 days after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts shall prepare and submit to the President pro tempore of the Senate and the Speaker of the House of Representatives a report that—“(A) assesses the effectiveness of the procedures established under paragraph (1); and“(B) if appropriate, includes proposed legislation to—“(i) further protect the confidentiality of tax information; and“(ii) provide penalties for the improper use by any person of the tax information required to be provided under this section.”
Pub. L. 109–8, title XII, § 1228, “(a) The court shall not grant a discharge in the case of an individual who is a debtor in a case under chapter 7 of title 11, United States Code, unless requested tax documents have been provided to the court.“(b) The court shall not confirm a plan of reorganization in the case of an individual under chapter 11 or 13 of title 11, United States Code, unless requested tax documents have been filed with the court.“(c) The court shall destroy documents submitted in support of a bankruptcy claim not sooner than 3 years after the date of the conclusion of a case filed by an individual under chapter 7, 11, or 13 of title 11, United States Code. In the event of a pending audit or enforcement action, the court may extend the time for destruction of such requested tax documents.”