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    521 Deadlines

    I currently have a pro se Chapter 7 filed and I'm waiting for my 341 meeting. I checked PACER today and noticed that there is an entry on the History/Deadline screen that says: "Incomp. Filings (521 Deadline)" It was entered on the date the petition was filed (04/22/2011) and has a deadline listed of 06/06/2011 (which is 5 days after my 341 meeting).

    All of my Deficiency Notices have been cured (there were three of them) and the remaining items on the History/Deadline screen are satisfied. Is this "Incomp. Filings" entry a placeholder for any changes the Trustee would like to see added to by file post-341 meeting?

    There are documents (taxes, bank statements, and Local Form Q (related to paystubs) that were required (and sent) to the Trustee (and not filed with the Court) pursuant to a letter I received from the Trustee in which he introduced himself. Could it be related to these documents? (As a side note, my 341 meeting is scheduled for June 1, so these tax/banking documents have a "deadline" on them of May 25 (i.e. one week prior to the 341 meeting)...(not June 6 as might be suggested by this "Incomp. Filings" notation.)

    Any thoughts?

    Thanks!!!

    #2
    Perhaps it relates to the overall 45 day deadline provided to a volunteer Chp. 7 petitioner under 11 USC 521(i)? Where in it states:

    "Subject to paragraphs (2) and (4) and notwithstanding section 707 (a), if an individual debtor in a voluntary case under chapter 7 or 13 fails to file all of the information required under subsection (a)(1) within 45 days after the date of the filing of the petition, the case shall be automatically dismissed effective on the 46th day after the date of the filing of the petition."

    Note: June 6 is the 45th day after filing.

    So this would make 521(i) a general over-arching deadline for all filings (separate from the deficiency notice deadlines and the 14 day deadline following a barebones petition filing)?

    Comment


      #3
      Is it this:

      Statement of Intention

      Debtors filing Chapter 7 Bankruptcy must file a Statement of Intention if their schedule of assets and liabilities includes any type of consumer debt that is considered "secured" (which can include property or possessions of the estate the creditor can legally repossess for debt repayment) (11 U.S.C. § 521(2)(A)). The Statement of Intention will outline the debtor's intentions to either retain (through redemption) or surrender the property. The debtor must complete and file their Statement of Intention within 30 days from the date they filed their Chapter 7 Bankruptcy petition or by the date of the 341 Creditor's Meeting or the earlier of the two. Under some conditions the bankruptcy court may extend the deadline if cause exists.

      The debtor has 45 days from the date of filing their Statement of Intention to perform the actions outlined in the form including reaffirming the debt or finishing payments for the secured property (under some conditions the bankruptcy court may extend this deadline (11 U.S.C. § 521(2)(B)). If neither of these actions is done, the bankruptcy court will lift the automatic stay on the property, and the creditors may proceed with their collection actions against the debtor. The Chapter 7 Bankruptcy trustee and the bankruptcy creditors must be provided a copy of the Statement of Intentions prior to the date or on the date the document is filed with the bankruptcy court. Amendments may be made prior to the expiration date outlined in (11 U.S.C. § 521(2)(B)). Talk to a bankruptcy lawyer immediately if you are filing Chapter 7 Bankruptcy.
      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
      Not an attorney - just an opinionated woman.

      Comment


        #4
        Valle, no. Everything has been submitted and cured related to the filing of the petition. Including the statement of intention. This is a general deadline posting that falls AFTER the 341 meeting.

        Comment


          #5
          I have been told by a knowledgeable source here in the Forum that "the entry is a placeholder (known as a tickler) for the Clerk of the Court (aka your Case Manager). You [will] receive a 521 compliance docket entry [when] all is well."

          Comment

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