What are the Debtors Duties in a Chapter 13?
The Debtor may not submit any documents to the Bankruptcy Court until the Debtor is certain that the information is (1) well grounded in fact; and (2) warranted by existing law or a good faith argument for the modification of the existing law. In other words, someone who is representing himself or herself in a bankruptcy is held to know the bankruptcy and state laws that apply to their situation. Ignorance of the law is no excuse. The Debtor’s attorney must make the same avow regarding the information provided by the Debtor. Sanctions can be awarded under §707(b)(4). All creditors must receive notice of the bankruptcy. This notice requirement includes all addresses on all mail received in the last 90 days prior to filing. Failure to provide notice to the correct address may mean the creditor can continue legal actions outside the bankruptcy court, until they receive notice at the correct address. The requirement is new law and may be open for interpretation for many years. The Debtor m
The Debtor may not submit any documents to the Bankruptcy Court until the Debtor is certain that the information is (1) well grounded in fact; and (2) warranted by existing law or a good faith argument for the modification of the existing law. Rule 9011 In other words, someone who is representing himself or herself in a bankruptcy is held to know the bankruptcy and state laws that apply to their situation. Ignorance of the law is no excuse. The Debtor’s attorney must make the same avow regarding the information provided by the Debtor. Sanctions can be awarded under §707(b)(4). §521 describes the documents that must be filed, the 60 day deadline for filing the pay advices, the filing of the Mean’s Test (Official Form B22A-C), appear at the required creditor’s meeting, complete the required credit briefing class (before filing the bankruptcy §109(h)) and budget class (after filing the bankruptcy §§111,1328(g)) and file and notice the Plan of Reorganization. 7 days before the creditor’s m
The Debtor may not submit any documents to the Bankruptcy Court until the Debtor is certain that the information is (1) well grounded in fact; and (2) warranted by existing law or a good faith argument for the modification of the existing law. Rule 9011 In other words, someone who is representing himself or herself in a bankruptcy is held to know the bankruptcy and state laws that apply to their situation. Ignorance of the law is no excuse. The Debtor’s attorney must make the same avow regarding the information provided by the Debtor. Sanctions can be awarded under 707(b)(4).
