Debtor’s Duties

U.S Code last checked for updates: Jan 18, 2025

Rule 4002.

Debtor’s Duties

(a)

In General.

In addition to performing other duties that are required by the Code or these rules, the debtor must:

(1)

attend and submit to an examination when the court orders;

(2)

attend the hearing on a complaint objecting to discharge and, if called, testify as a witness;

(3)

if a schedule of property has not yet been filed under Rule 1007, report to the trustee immediately in writing:

(A)

the location of any real property in which the debtor has an interest; and

(B)

the name and address of every person holding money or property subject to the debtor’s withdrawal or order;

(4)

cooperate with the trustee in preparing an inventory, examining proofs of claim, and administering the estate; and

(5)

file a statement of any change in the debtor’s address.

(b)

Individual Debtor’s Duty to Provide Documents.

(1)

Personal Identifying Information. An individual debtor must bring to the § 341 meeting of creditors:

(A)

a government-issued identification with the debtor’s picture, or other personal information that establishes the debtor’s identity; and

(B)

evidence of any social-security number, or a written statement that no such evidence exists.

(2)

Financial Documents. An individual debtor must bring the following documents (or copies) to the § 341 meeting of creditors and make them available to the trustee—or provide a written statement that they do not exist or are not in the debtor’s possession:

(A)

evidence of current income, such as the most recent payment advice;

(B)

unless the trustee or the United States trustee instructs otherwise, a statement for each depository or investment account—including a checking, savings, or money-market account, mutual fund or brokerage account—for the period that includes the petition’s filing date; and

(C)

if required by § 707(b)(2)(A) or (B), documents showing claimed monthly expenses.

(3)

Tax Return to Be Provided to the Trustee. At least 7 days before the first date set for the § 341 meeting of creditors, the debtor must provide the trustee with:

(A)

a copy of the debtor’s federal income-tax return, including any attachments to it, for the most recent tax year ending before the case was commenced and for which the debtor filed a return;

(B)

a transcript of the return; or

(C)

a written statement that the documents do not exist.

(4)

Tax Return to Be Provided to a Creditor. Upon a creditor’s request at least 14 days before the first date set for the § 341 meeting of creditors, the debtor must provide the creditor with the documents to be provided to the trustee under (3). The debtor must do so at least 7 days before the meeting.

(5)

Safeguarding Confidential Tax Information. The debtor’s obligation to provide tax returns under (3) and (4) is subject to procedures established by the Director of the Administrative Office of the United States Courts for safeguarding confidential tax information.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 2, 2024, eff. Dec. 1, 2024.)