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11 U.S.C. 521(g)(1) Statement

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    11 U.S.C. 521(g)(1) Statement

    We DO have a call into out attorney on this, but thought I would ask here.

    My wife and I filed last year and we are still not confirmed.

    Just got the Trustee's 2011 payments & disbursements statement for 2011. On his cover letter he asks for copies of our Federal 2010 tax forms (we knew about that as well as having to give him copies of our business's 1120S--we live in Nevada, so no state income tax).

    He also asks for the "STATEMENT" as required by 11 U.S.C. 521(g)(1).

    I understand the concept: In Chapter 13, an annual statement of income and expenses giving specific information regarding income sources, parties responsible for support of dependants, and contributions to household income.

    We also fall under (f)(4) since we are not confirmed:
    (f)(4) in a case under chapter 13, a statement subject to the penalties of perjury by the debtor of the debtor's income and expenditures in the preceding tax year and monthly income, that shows how the amounts are calculated--
    (A) beginning on the date that is the later of 90 days after the close of the debtor's tax year or 1 year after the order for relief, unless a plan has been confirmed

    OK, so income by source and expenditure by (I assume) the way we tracked expenses for the filing. If I read (f)(4) correctly. They want income on an annual and monthly basis by source, but expenditures just annually.

    Is this right? Is there a form similar to the filing forms?

    This was not something our attorney told us we would need to do (of course not), but until I get a call back, I'm stuck in limbo.

    What and how do you folks deal with this requirement?

    #2
    I am SO glad that this 521 Statement is done only by certain Trustees in certain Districts. I'm in a Florida District but my Chapter 13 Trustee never asked for a statement from me during 2 months years that I was in my Chapter 13.

    In any event, this document, which is found at the Florida Northern Bankruptcy District Court's website, should be a good example.

    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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