FILING FOR FLINT BANKRUPTCY WHAT ARE YOUR DUTIES IN BAY CITY OR FLINT BANKRUTPCY COURT ?
What do you need to prove when you file for bankruptcy? In the beginning of a bankruptcy case, Flint and Bay City debtors are required to file certain documents under the bankruptcy law specifically what is called a section or §521(a)(1)
The Flint Bankruptcy debtor must file a list of creditors. §521(a)(1)(A). In a voluntary case, the list (including each creditor’s name and address) must be filed with the petition; in an involuntary case, the list must be filed within 14 days after entry of the order for relief. Fed. R. Bankr. P. 1007(a).
Most Bay City and Flint Bankruptcy debtors are individuals whose debts are primarily consumer debts, the debtor must also file a certificate of debtor’s attorney or bankruptcy petition preparer indicating that debtor received the notice required by §342(b).
BANKRUPTCYB TRUSTEE problems occur when an individual debtor filing a voluntary petition under chapter 7 or chapter 13 fails to file all of the information required by §521(a)(1) within 45 days after filing (or within an additional 45 days if the court finds justification for extending the period of filing, §521(i)(3)), the case must be automatically dismissed as of the next day.YOUR BANKRUPTCY CREDITORS WILL THEN COME BACK AFTER YOU §521(i)(1).
YOUR BANKRUPTCY CREDITORS ARE a party in interest may seek such dismissal, and the court must act on such a motion within five days after it is made. §521(i)(2).
IF IN BANKRUPTCY YOU MAKE AN INNOCENT MISTAKE on motion of the trustee filed before the expiration of the time for filing, the court may decline to dismiss the case if the debtor attempted in good faith to provide all payment advices and the best interests of creditors would be served by administering the case. §521(i)(4).
In bankruptcy in flint and bay city additional disclosure duties for individual debtors
an individual debtor must submit a verified statement setting forth debtor’s social security number or stating that the debtor does not have one. Fed. R. Bankr. P. 1007(f).
BANKRUPTCY DEBTORS MUST HAVE TWO UNITS OF CREDIT COUNSELING An individual debtor must also file a statement of compliance with the prebankruptcy credit counseling requirement of §109(h) on Exhibit D to Official Form 1, together with a certificate from the approved nonprofit budget and credit counseling agency that provided the required prebankruptcy briefing on credit counseling services under §109(h), and a copy of any debt repayment plan developed through such counseling services. §521(b) and Fed. R. Bankr. P. 1007(b)(3).
BANKRUTPCY DEBTORS IN FLINT AND BAY CITY MUST TELL THE COURT WHAT THEY INTENT TO DO WITH THEIR ASSETS. A statement of intention must be filed
If the individual chapter 7 debtor’s schedule of assets and liabilities includes debts secured by property of the estate, before the earlier of 30 days after filing or the date of meeting of creditors (or such later date as the court for cause determines), the debtor must file a statement of intention (Official Form 8) with respect to the retention or surrender of such property and whether the debtor intends to redeem any such property that is exempt or reaffirm debts secured by such property. §521(a)(2)(A) and Fed. R. Bankr. P. 1007(b)(2).
The debtor must perform his or her intention with respect to such property within 30 days after the first date set for the meeting of creditors under §341(a) (or within such additional time as the court, for cause, fixes). §521(a)(2)(B).
IN BANKRUPTCY YOU HAVE TO SUBMIT TO A MEANS TEST
an individual debtor filing under chapter 7 must complete a statement of current monthly income and means-test calculation on Official Form 22 to permit the implementation of §707(b)(2). Fed. R. Bankr. P. 1007(b)(4).
a chapter 13 filer must complete a statement of current monthly income and calculation of commitment period and disposable income on Official Form 22C. Fed. R. Bankr. P. 1007(b)(6).
IN BANKRUPTCY YOU MUST PROVIDE TAX RETURN.
debtor must also provide to the trustee (and to any creditor that timely requests a copy), not later than seven days before the date first set for the meeting of creditors under §341, a copy of debtor’s federal income tax return for the most recently ended tax year before filing for which such a return was filed. §521(e)(2)(A).
YOU ARE IN HARMS WAY IF YOUR DO NOT FOLLOW PROCEDURE IN BANKRUPTCY failure to do so warrants dismissal of the case unless the debtor demonstrates that the failure to comply is due to circumstances beyond the debtor’ control. §521(e)(2)(B) & (C).
If you have question contact Terry R. Bankert 810-235-1950 or through hie information site http://nojokebeingbroke.com