Chapter 13 Bankruptcy Code and Rules Compliance

The United States Bankruptcy Court of the Southern District of New York provides guidelines that those filing for chapter 13 bankruptcy need to adhere to. At Todd Cushner & Associates, our bankruptcy litigation experts navigate White Plains residents through the entire process, ensuring compliance is met.

Chapter 13 Debtor Instructions to Comply with the Bankruptcy Code and Bankruptcy Rules


  1. Debtor must comply with all the applicable requirements of the Bankruptcy Code and Bankruptcy Rules, including but not limited to, those found in 11 U.S.C. § 521 and Bankruptcy Rules 2015 and 4002, where applicable. This includes a duty to file tax returns and operating reports.
  2. Tax Returns. File your tax return on time or obtain an extension to file your tax return. Send a copy of your tax return or the extension to the Trustee within thirty (30) days of filing your tax return. [Fed. R. Bankr. P. 4002(b)(3)].
  3. Operating Reports. If you are self-employed or operate a business, you must provide the Trustee with monthly operating reports throughout your entire case. [Fed. R. Bankr. P. 2015(c)(1)].
  4. Tax Refunds. You can voluntarily use your tax refund to make payments. The Court may also order you to contribute some of your tax refund to the Plan. [11 U.S.C. § 1306(a)(1)].
  5. You must make all payments under the Plan before the Plan is complete. [11 U.S.C. § 1322(b)(5)].
  6. You must maintain insurance or the court will order you to. [11 U.S.C. § 1326(a)(4)].
judge with gavel
lawyer and judge with papers in envelope
  1. Payment Records to Trustee. You must keep and maintain all payment records to Trustee when you are engaged in business. [Fed. R. Bankr. P. 2015(c)(1)]. However, it is still a good idea to keep and maintain all payment records made to Trustee even if you are not engaged in business.
  2. Payment Records to Secured Creditor. You must keep and maintain all payments made to Secured Creditors once you file your bankruptcy petition. [11 U.S.C. § 1326(a)(1)(C)].
  3. Donation Records. If you make charitable donations during your case, you should record and maintain those charitable donations. The Trustee or Court may require you to show them.
  4. Domestic Support Obligation(s). You must maintain a record of all domestic support payments paid directly to a separation agreement, divorce, child support or court order. You must also complete and sign the “Certification Regarding Domestic Support Obligations” required by Local Rule 4004-2. Return the Certification to the Trustee when you submit the last payment of the Plan. [Bankr. S.D.N.Y. R. 4004-2].
  5. Change in Address. You must notify the court and Trustee if your address or contact information changes during the case. [Fed. R. Bankr. P. 4002(a)].
  6. Disposal of Property. You cannot sell, burden, transfer, or dispose of any real property or personal property outside of the ordinary course of business without court approval. [Fed. R. Bankr. P. 6007].
  7. Proof of Fair Market Value. The values in your schedules are not adequate proof of the fair market value of collateral or outstanding liens. The court will consider a broker’s price opinion or appraisal as evidence of the value of your real property, a payoff letter, or account statement as evidence of a lien amount. [11 U.S.C. §§ 522(f), 101(36), 101(53)].
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