Proper application of 11 USC § 521 (a)(1)(iv) Debtor's Duties

Discussion in 'Bankruptcy' started by Elvis, Nov 4, 2010.

  1. Elvis

    Elvis Guest

    WHERE do I file my "copies of all payment advices or other evidence of
    payment received within 60 days before the date of the filing of the
    petition"?

    I've checked some dockets on CM/ECF. I don't see ANYONE "filing" these
    "payment advices" with the other items listed in § 521.

    Is this a requirement that no one bothers with or enforces?

    Should I just save the "payment advices" for my trustee?

    Thank you very much.
     
    Elvis, Nov 4, 2010
    #1
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  2. Re: Proper application of 11 USC § 521 (a)(1)(iv)Debtor's Duties

    Elvis <> writes:

    > WHERE do I file my "copies of all payment advices or other evidence of
    > payment received within 60 days before the date of the filing of the
    > petition"?
    >
    > I've checked some dockets on CM/ECF. I don't see ANYONE "filing" these
    > "payment advices" with the other items listed in § 521.
    >
    > Is this a requirement that no one bothers with or enforces?
    >
    > Should I just save the "payment advices" for my trustee?
    >
    > Thank you very much.


    That's a good question. Districts can vary on some of these requirements
    so check with yours: they probably have their own checklist and local
    rules that you can find on their website and, if there is any doubt, ask
    their pro se law clerk, because your question is procedural, not legal,
    which is exactly what they're supposed to answer. Local rules can
    include other tips, like what address they want you to use for IRS
    notifications and suchlike. Certainly not all districts require the
    filing of payment advices, though the trustee would expect to be able to
    see them if they ask.

    Checking with the trustee's office is indeed a good idea too. You have
    to serve your tax forms on them anyway (maybe even have a third party do
    it and file proof of service with the court too if you're super-eager,
    but I suspect most debtors do fine just mailing it certified), so if you
    haven't already sent your tax stuff in advance of the 341, you could
    easily ask if they want anything else included too.

    Good for you for checking local dockets yourself to see what's typical.

    Unless your trustee's really mean, I'd expect it to be acceptable to
    make sure you bring copies of pay advices for them to the 341. If you go
    and sit in on those meetings (if your district makes that easy), you'll
    see a bunch of people don't even manage to remember their paperwork then
    and then they get the 341 continued so they can try again!

    I'm sorry I can't answer more definitively, but local rules/checklists,
    and pro se law clerk and trustee are probably your best resources here.
    Just make sure you bring a copy of everything to the 341 so anything
    that was wrongly (in the eyes of the trustee) missing can be provided at
    that point.

    Mark (not a lawyer)
     
    Mark T. B. Carroll, Nov 4, 2010
    #2
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