When are Schedules Required to Be filed in Chapter 7 Bankruptcy?
Full Question:
Answer:
Typically, if the schedules aren't filed with the petition, they must be filed within 15 days of filing the petition.
Please see the bankruptcy rule below:
Rule 1007. Lists, Schedules, Statements, and Other Documents; Time
Limits.
(a) CORPORATE OWNERSHIP STATEMENT, LIST OF CREDITORS AND EQUITY
SECURITY HOLDERS, AND OTHER LISTS.
(1) Voluntary case.
In a voluntary case, the debtor shall file with the petition a list
containing the name and address of each entity included or to be included
on Schedules D, E, F, G, and H as prescribed by the Official Forms. If
the debtor is a corporation, other than a governmental unit, the debtor
shall file with the petition a corporate ownership statement containing
the information described in Rule 7007.1. The debtor shall file a
supplemental statement promptly upon any change in circumstances that
renders the corporate ownership statement inaccurate.
(2) Involuntary case.
In an involuntary case, the debtor shall file within 15 days after
entry of the order for relief, a list containing the name and address of
each entity included or to be included on Schedules D, E, F, G, and H as
prescribed by the Official Forms.
(3) Equity security holders.
In a chapter 11 reorganization case, unless the court orders
otherwise, the debtor shall file within 15 days after entry of the order
for relief a list of the debtor's equity security holders of each class
showing the number and kind of interests registered in the name of each
holder, and the last known address or place of business of each holder.
(4) Chapter 15 Case. In addition to the documents required under
§ 1515 of the Code, a foreign representative filing a petition for
recognition under chapter 15 shall file with the petition: (A) a
corporate ownership statement containing the information described in
Rule 7007.1; and (B) unless the court orders otherwise, a list
containing the names and addresses of all persons or bodies authorized to
administer foreign proceedings of the debtor, all parties to litigation
pending in the United States in which the debtor is a party at the time of
the filing of the petition, and all entities against whom provisional
relief is being sought under § 1519 of the Code.
(5) Extension of Time. Any extension of time for the filing of the
lists required by this subdivision may be granted only on motion
for cause shown and on notice to the United States trustee and to any
trustee, committee elected under § 705 or appointed under § 1102
of the Code, or other party as the court may direct.
(b) SCHEDULES, STATEMENTS, AND OTHER DOCUMENTS REQUIRED.
(1) Except in a chapter 9 municipality case, the debtor, unless the
court orders otherwise, shall file the following schedules, statements,
and other documents, prepared as prescribed by the appropriate Official
Forms, if any:
(A) schedules of assets and liabilities;
(B) a schedule of current income and expenditures;
(C) a schedule of executory contracts and unexpired leases;
(D) a statement of financial affairs;
(E) copies of all payment advices or other evidence of payment, if
any, received by the debtor from an employer within 60 days before the
filing of the petition, with redaction of all but the last four digits
of the debtor's social-security number or individual
taxpayer-identification number; and
(F) a record of any interest that the debtor has in an account
or program of the type specified in § 521 (c) of the Code.
(2) An individual debtor in a chapter 7 case shall file a statement of
intention as required by § 521 (a) of the Code, prepared as prescribed
by the appropriate Official Form. A copy of the statement of intention
shall be served on the trustee and the creditors named in the statement
on or before the filing of the statement.
(3) Unless the United States trustee has determined that the credit
counseling requirement of § 109 (h) does not apply in the district, an
individual debtor must file a statement of compliance with the credit
counseling requirement, prepared as prescribed by the appropriate
Official Form which must include one of the following:
(A) an attached certificate and debt repayment plan, if any, required
by § 521 (b);
(B) a statement that the debtor has received the credit counseling
briefing required by § 109 (h)(1) but does not have the certificate
required by § 521 (b);
(C) a certification under § 109 (h)(3); or
(D) a request for a determination by the court under § 109 (h)(4).
(4) Unless § 707 (b)(2)(D) applies, an individual debtor in a chapter
7 case shall file a statement of current monthly income prepared as
prescribed by the appropriate Official Form, and, if the current monthly
income exceeds the median family income for the applicable state and
household size, the information, including calculations, required by
§ 707(b), prepared as prescribed by the appropriate Official Form.
(5) An individual debtor in a chapter 11 case shall file a statement
of current monthly income, prepared as prescribed by the appropriate
Official Form.
(6) A debtor in a chapter 13 case shall file a statement of current
monthly income, prepared as prescribed by the appropriate Official
Form, and, if the current monthly income exceeds the median family
income for the applicable state and household size, a calculation
of disposable income made in accordance with § 1325 (b)(3), prepared
as prescribed by the appropriate Official Form.
(7) An individual debtor in a chapter 7 or chapter 13 case shall file a
statement of completion of a course concerning personal financial
management, prepared as prescribed by the appropriate Official Form. An
individual debtor shall file the statement in a chapter 11 case in which
§ 1141 (d)(3) applies.
(8) If an individual debtor in a chapter 11, 12, or 13 case has
claimed an exemption under § 522 (b)(3)(A) in property of the kind
described in § 522 (p)(l) with a value in excess of the amount set out
in § 522 (q)(1), the debtor shall file a statement as to whether there
is any proceeding pending in which the debtor may be found guilty of a
felony of a kind described in § 522 (q)(1)(A) or found liable for a debt
of the kind described in § 522 (q)(1)(B).
(c) TIME LIMITS. In a voluntary case, the schedules, statements, and
other documents required by subdivision (b)(1), (4), (5), and (6) shall
be filed with the petition or within 15 days thereafter, except as
otherwise provided in subdivisions (d), (e), (f), and (h) of this rule.
In an involuntary case, the list in subdivision (a)(2), and the
schedules, statements, and other documents required by subdivision (b)(1)
shall be filed by the debtor within 15 days of the entry of the order for
relief. In a voluntary case, the documents required by paragraphs (A),
(C), and (D) of subdivision (b)(3) shall be filed with the petition.
Unless the court orders otherwise, a debtor who has filed a statement
under subdivision (b)(3)(B), shall file the documents required by
subdivision (b)(3)(A) within 15 days of the order for relief. In a
chapter 7 case, the debtor shall file the statement required by
subdivision (b)(7) within 45 days after the first date set for the
meeting of creditors under § 341 of the Code, and in a chapter 11 or 13
case no later than the date when the last payment was made by the debtor
as required by the plan or the filing of a motion for a discharge under
§ 1 141 (d)(5)(B) or § 1328 (b) of the Code. The court may, at any time
and in its discretion, enlarge the time to file the statement required
by subdivision (b)(7). The debtor shall file the statement required by
subdivision (b)(8) no earlier than the date of the last payment made
under the plan or the date of the filing of a motion for a discharge
under §§ 1141 (d)(5)(B), 1228 (b), or 1328 (b) of the Code. Lists,
schedules, statements, and other documents filed prior to the conversion
of a case to another chapter shall be deemed filed in the converted case
unless the court directs otherwise. Except as provided in § 1116 (3),
any extension of time to file schedules, statements, and other documents
required under this rule may be granted only on motion for cause shown
and on notice to the United States trustee, any committee elected under
§ 705 or appointed under § 1102 of the Code, trustee, examiner, or other
party as the court may direct. Notice of an extension shall be given to
the United States trustee and to any committee, trustee, or other party
as the court may direct.
(d) List of 20 largest creditors in chapter 9 municipality case or
chapter 11 reorganization case.
In addition to the list required by subdivision (a) of this rule, a
debtor in a chapter 9 municipality case or a debtor in a voluntary
chapter 11 reorganization case shall file with the petition a list
containing the name, address and claim of the creditors that hold the 20
largest unsecured claims, excluding insiders, as prescribed by the
appropriate Official Form. In an involuntary chapter 11 reorganization
case, such list shall be filed by the debtor within 2 days after entry of
the order for relief under § 303(h) of the Code
(e) List in chapter 9 municipality cases.
The list required by subdivision (a) of this rule shall be filed by the
debtor in a chapter 9 municipality case within such time as the court
shall fix. If a proposed plan requires a revision of assessments so that
the proportion of special assessments or special taxes to be assessed
against some real property will be different from the proportion in
effect at the date the petition is filed, the debtor shall also file a
list showing the name and address of each known holder of title, legal or
equitable, to real property adversely affected. On motion for cause
shown, the court may modify the requirements of this subdivision and
subdivision (a) of this rule.
(f) Statement of social security number.
An individual debtor shall submit a verified statement that sets out
the debtor's social security number, or states that the debtor does not
have a social security number. In a voluntary case, the debtor shall
submit the statement with the petition. In an involuntary case, the
debtor shall submit the statement within 15 days after the entry of the
order for relief.
(g) Partnership and partners.
The general partners of a debtor partnership shall prepare and file the
list required under subdivision (a), schedules of the assets and
liabilities, schedule of current income and expenditures, schedule of
executory contracts and unexpired leases, and statement of financial
affairs of the partnership. The court may order any general partner to
file a statement of personal assets and liabilities within such time as
the court may fix.
(h) Interests acquired or arising after petition.
If, as provided by § 541(a)(5) of the Code, the debtor acquires or
becomes entitled to acquire any interest in property, the debtor shall
within 10 days after the information comes to the debtor's knowledge or
within such further time the court may allow, file a supplemental
schedule in the chapter 7 liquidation case, chapter 11 reorganization
case, chapter 12 family farmer's debt adjustment case, or chapter 13
individual debt adjustment case. If any of the property required to be
reported under this subdivision is claimed by the debtor as exempt, the
debtor shall claim the exemptions in the supplemental schedule. The duty
to file a supplemental schedule in accordance with this
subdivision continues notwithstanding the closing of the case, except that the
schedule need not be filed in a chapter 11, chapter 12, or chapter 13
case with respect to property acquired after entry of the order
confirming a chapter 11 plan or discharging the debtor in a chapter 12 or
chapter 13 case.
(i) Disclosure of list of security holders.
After notice and hearing and for cause shown, the court may direct an
entity other than the debtor or trustee to disclose any list of security
holders of the debtor in its possession or under its control, indicating
the name, address and security held by any of them. The entity possessing
this list may be required either to produce the list or a true copy
thereof, or permit inspection or copying, or otherwise disclose the
information contained on the list.
(j) Impounding of lists.
On motion of a party in interest and for cause shown the court may
direct the impounding of the lists filed under this rule, and may refuse
to permit inspection by any entity. The court may permit inspection or
use of the lists, however, by any party in interest on terms prescribed
by the court.
(k) Preparation of list, schedules, or statements on default of
debtor.
If a list, schedule, or statement, other than a statement of
intention, is not prepared and filed as required by this rule, the court
may order the trustee, a petitioning creditor, committee, or other party
to prepare and file any of these papers within a time fixed by the
court. The court may approve reimbursement of the cost incurred in
complying with such an order as an administrative expense.
(l) Transmission to United States trustee.
The clerk shall forthwith transmit to the United States trustee a copy
of every list, schedule, and statement filed pursuant to
subdivision (a)(1), (a)(2), (b), (d), or (h) of this rule.
(m) Infants and Incompetent Persons.
If the debtor knows that a person on the list of creditors or schedules
is an infant or incompetent person, the debtor also shall include the
name, address, and legal relationship of any person upon whom process
would be served in an adversary proceeding against the infant or
incompetent person in accordance with Rule 7004(b)(2).
(Amended Aug. 1, 1987; Aug. 1, 1991; Dec. 1, 1996; Dec. 1, 2001;
December 1, 2003; October 17, 2005; amended effective December 1, 2005;
amended effective June 30, 2006, Adopted April 23, 2008, Effective
December 1, 2008.)
