TITLE 11BANKRUPTCY
CHAPTER 5CREDITORS, THE DEBTOR, AND THE ESTATE
Sub Chapter II Debtor's Duties and Benefits
Sec. 521. Debtor's duties
The debtor shall--
(1) 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;
(2) if an individual debtor's schedule of assets and liabilities
includes consumer debts which are secured by property of the
estate--
(A) within thirty days after the date of the filing of a
petition under chapter 7 of this title or on or before the date
of the meeting of creditors, whichever is earlier, or within
such additional time as the court, for cause, within such period
fixes, the debtor shall file with the clerk a statement of his
intention with respect to the retention or surrender of such
property and, if applicable, specifying that such property is
claimed as exempt, that the debtor intends to redeem such
property, or that the debtor intends to reaffirm debts secured
by such property;
(B) within forty-five days after the filing of a notice of
intent under this section, or within such additional time as the
court, for cause, within such forty-five day period fixes, the
debtor shall perform his intention with respect to such
property, as specified by subparagraph (A) of this paragraph;
and
(C) nothing in subparagraphs (A) and (B) of this paragraph
shall alter the debtor's or the trustee's rights with regard to
such property under this title;
(3) if a trustee is serving in the case, cooperate with the
trustee as necessary to enable the trustee to perform the trustee's
duties under this title;
(4) if a trustee is serving in the case, 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, whether or not immunity is granted under
section 344 of this title, and
(5) appear at the hearing required under section 524(d) of this
title.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2586; Pub. L. 98-353, title III,
Secs. 305, 452, July 10, 1984, 98 Stat. 352, 375; Pub. L. 99-554, title
II, Sec. 283(h), Oct. 27, 1986, 100 Stat. 3117.)
Historical and Revision Notes
legislative statements
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).
senate report no. 95-989
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 Sec. 404(a) of S. 2266, such as
the duty to attend any hearing on discharge, Rule 402(2).
Amendments
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, Sec. 305(2), inserted ``a schedule
of current income and current expenditures,'' after ``liabilities,''.
Pars. (2) to (5). Pub. L. 98-353, Sec. 305(1), (3), added par. (2),
redesignated former pars. (2) to (4) as (3) to (5), respectively.
Pub. L. 98-353, Sec. 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).
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
see section 302(a) of Pub. L. 99-554, set out as a note under section
581 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-353 effective with respect to cases filed 90
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out
as a note under section 101 of this title.
Section Referred to in Other Sections
This section is referred to in sections 110, 523, 554, 704, 707,
1106, 1111, 1112, 1307 of this title.
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