Pre-filing financial briefing and filingWithin 180 days prior to filing, you (the debtor) must obtain a pre-filing financial briefing. A Certificate of Completion is attached to Exhibit D and filed with the petition and schedules. If you cannot obtain a certificate before filing the petition, you may file a statement to that effect, but the certificate must be filed within 14 days after filing the petition. If a matrix is filed with the petition, you have 14 days in which to file the Schedules and other documents, including the Chapter 13 plan. After a petition is filed, the clerk will mail an order for relief to all interested parties.
StayThe automatic stay will go into effect upon filing. However, if you (the debtor) had a pending case dismissed within one year of the current filing, the automatic stay will terminate in 30 days unless the court finds that you are refilling in good faith. The case will be deemed to be filed in bad faith if you had more than one case under Chapters 7, 11, or 13 dismissed within the previous year for failure to provide the court with essential documentation and there has been no change in your financial condition. If you filed two or more cases in the previous 1-year period, the stay will not go into effect.
Meeting of creditorsAs the debtor, you are required to attend a Section 341 meeting of creditors that will be held no fewer than 21 days and within 50 days of filing. However, the U.S. Trustee may set a later date for the meeting. At least 7 days before the meeting of creditors, you (the debtor) must file your tax returns for the preceding year. If requested by the trustee, creditor, or any party in interest, you must file additional tax returns going back an additional three years. The trustee may extend the meeting of creditors for up to 120 days to give you time to obtain the tax returns. If a creditor requests a copy of your tax return, you must provide it. If you fail to file the tax returns, the case may be dismissed. In addition, you must authorize release of tax transcripts for the future four years to the trustee. At the meeting of creditors, you (the debtor) are required to provide the trustee with the following documents:
- Picture identification.
- Social security card or proof of social security number.
- Pay stubs for the 60-day period preceding the filing date.
- Bank statements for all financial accounts, including investment accounts.
- Statement disclosing any changes in income or expenses expected to occur in the 12-month period following filing the petition.