TITLE 11 - US CODE - PART IV - THE DEBTOR: DUTIES AND BENEFITS

11 USC Appendix Rule 4001 - Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements

(a) Relief From Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property.
(1) Motion. A motion for relief from an automatic stay provided by the Code or a motion to prohibit or condition the use, sale, or lease of property pursuant to 363(e) shall be made in accordance with Rule 9014 and shall be served on any committee elected pursuant to 705 or appointed pursuant to 1102 of the Code or its authorized agent, or, if the case is a chapter 9 municipality case or a chapter 11 reorganization case and no committee of unsecured creditors has been appointed pursuant to 1102, on the creditors included on the list filed pursuant to Rule 1007 (d), and on such other entities as the court may direct.
(2) Ex Parte Relief. Relief from a stay under 362(a) or a request to prohibit or condition the use, sale, or lease of property pursuant to 363(e) may be granted without prior notice only if
(A)  it clearly appears from specific facts shown by affidavit or by a verified motion that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party or the attorney for the adverse party can be heard in opposition, and
(B)  the movants attorney certifies to the court in writing the efforts, if any, which have been made to give notice and the reasons why notice should not be required. The party obtaining relief under this subdivision and 362(f) or 363(e) shall immediately give oral notice thereof to the trustee or debtor in possession and to the debtor and forthwith mail or otherwise transmit to such adverse party or parties a copy of the order granting relief. On two days notice to the party who obtained relief from the stay without notice or on shorter notice to that party as the court may prescribe, the adverse party may appear and move reinstatement of the stay or reconsideration of the order prohibiting or conditioning the use, sale, or lease of property. In that event, the court shall proceed expeditiously to hear and determine the motion.
(3) Stay of Order. An order granting a motion for relief from an automatic stay made in accordance with Rule 4001 (a)(1) is stayed until the expiration of 10 days after the entry of the order, unless the court orders otherwise.
(b) Use of Cash Collateral.
(1) Motion; Service.
(A) Motion. A motion for authority to use cash collateral shall be made in accordance with Rule 9014 and shall be accompanied by a proposed form of order.
(B) Contents. The motion shall consist of or (if the motion is more than five pages in length) begin with a concise statement of the relief requested, not to exceed five pages, that lists or summarizes, and sets out the location within the relevant documents of, all material provisions, including:
(i) the name of each entity with an interest in the cash collateral;
(ii) the purposes for the use of the cash collateral;
(iii) the material terms, including duration, of the use of the cash collateral; and
(iv) any liens, cash payments, or other adequate protection that will be provided to each entity with an interest in the cash collateral or, if no additional adequate protection is proposed, an explanation of why each entitys interest is adequately protected.
(C) Service. The motion shall be served on: (1) any entity with an interest in the cash collateral; (2) any committee elected under 705 or appointed under 1102 of the Code, or its authorized agent, or, if the case is a chapter 9 municipality case or a chapter 11 reorganization case and no committee of unsecured creditors has been appointed under 1102, the creditors included on the list filed under Rule 1007 (d); and (3) any other entity that the court directs.
(2) Hearing. The court may commence a final hearing on a motion for authorization to use cash collateral no earlier than 15 days after service of the motion. If the motion so requests, the court may conduct a preliminary hearing before such 15 day period expires, but the court may authorize the use of only that amount of cash collateral as is necessary to avoid immediate and irreparable harm to the estate pending a final hearing.
(3) Notice. Notice of hearing pursuant to this subdivision shall be given to the parties on whom service of the motion is required by paragraph (1) of this subdivision and to such other entities as the court may direct.
(c) Obtaining Credit.
(1) Motion; Service.
(A) Motion. A motion for authority to obtain credit shall be made in accordance with Rule 9014 and shall be accompanied by a copy of the credit agreement and a proposed form of order.
(B) Contents. The motion shall consist of or (if the motion is more than five pages in length) begin with a concise statement of the relief requested, not to exceed five pages, that lists or summarizes, and sets out the location within the relevant documents of, all material provisions of the proposed credit agreement and form of order, including interest rate, maturity, events of default, liens, borrowing limits, and borrowing conditions. If the proposed credit agreement or form of order includes any of the provisions listed below, the concise statement shall also: briefly list or summarize each one; identify its specific location in the proposed agreement and form of order; and identify any such provision that is proposed to remain in effect if interim approval is granted, but final relief is denied, as provided under Rule 4001 (c)(2). In addition, the motion shall describe the nature and extent of each provision listed below:
(i) a grant of priority or a lien on property of the estate under 364(c) or (d);
(ii) the providing of adequate protection or priority for a claim that arose before the commencement of the case, including the granting of a lien on property of the estate to secure the claim, or the use of property of the estate or credit obtained under 364 to make cash payments on account of the claim;
(iii) a determination of the validity, enforceability, priority, or amount of a claim that arose before the commencement of the case, or of any lien securing the claim;
(iv) a waiver or modification of Code provisions or applicable rules relating to the automatic stay;
(v) a waiver or modification of any entitys authority or right to file a plan, seek an extension of time in which the debtor has the exclusive right to file a plan, request the use of cash collateral under 363(c), or request authority to obtain credit under 364;
(vi) the establishment of deadlines for filing a plan of reorganization, for approval of a disclosure statement, for a hearing on confirmation, or for entry of a confirmation order;
(vii) a waiver or modification of the applicability of nonbankruptcy law relating to the perfection of a lien on property of the estate, or on the foreclosure or other enforcement of the lien;
(viii) a release, waiver, or limitation on any claim or other cause of action belonging to the estate or the trustee, including any modification of the statute of limitations or other deadline to commence an action;
(ix) the indemnification of any entity;
(x) a release, waiver, or limitation of any right under 506(c); or
(xi) the granting of a lien on any claim or cause of action arising under 544,1 545, 547, 548, 549, 553 (b), 723 (a), or 724 (a).
(C) Service. The motion shall be served on: (1) any committee elected under 705 or appointed under 1102 of the Code, or its authorized agent, or, if the case is a chapter 9 municipality case or a chapter 11 reorganization case and no committee of unsecured creditors has been appointed under 1102, on the creditors included on the list filed under Rule 1007 (d); and (2) on any other entity that the court directs.
(2) Hearing. The court may commence a final hearing on a motion for authority to obtain credit no earlier than 15 days after service of the motion. If the motion so requests, the court may conduct a hearing before such 15 day period expires, but the court may authorize the obtaining of credit only to the extent necessary to avoid immediate and irreparable harm to the estate pending a final hearing.
(3) Notice. Notice of hearing pursuant to this subdivision shall be given to the parties on whom service of the motion is required by paragraph (1) of this subdivision and to such other entities as the court may direct.
(d) Agreement Relating to Relief From the Automatic Stay, Prohibiting or Conditioning the Use, Sale, or Lease of Property, Providing Adequate Protection, Use of Cash Collateral, and Obtaining Credit.
(1) Motion; Service.
(A) Motion. A motion for approval of any of the following shall be accompanied by a copy of the agreement and a proposed form of order:
(i) an agreement to provide adequate protection;
(ii) an agreement to prohibit or condition the use, sale, or lease of property;
(iii) an agreement to modify or terminate the stay provided for in 362;
(iv) an agreement to use cash collateral; or
(v) an agreement between the debtor and an entity that has a lien or interest in property of the estate pursuant to which the entity consents to the creation of a lien senior or equal to the entitys lien or interest in such property.
(B) Contents. The motion shall consist of or (if the motion is more than five pages in length) begin with a concise statement of the relief requested, not to exceed five pages, that lists or summarizes, and sets out the location within the relevant documents of, all material provisions of the agreement. In addition, the concise statement shall briefly list or summarize, and identify the specific location of, each provision in the proposed form of order, agreement, or other document of the type listed in subdivision (c)(1)(B). The motion shall also describe the nature and extent of each such provision.
(C) Service. The motion shall be served on: (1) any committee elected under 705 or appointed under 1102 of the Code, or its authorized agent, or, if the case is a chapter 9 municipality case or a chapter 11 reorganization case and no committee of unsecured creditors has been appointed under 1102, on the creditors included on the list filed under Rule 1007 (d); and (2) on any other entity the court directs.
(2) Objection. Notice of the motion and the time within which objections may be filed and served on the debtor in possession or trustee shall be mailed to the parties on whom service is required by paragraph (1) of this subdivision and to such other entities as the court may direct. Unless the court fixes a different time, objections may be filed within 15 days of the mailing of notice.
(3) Disposition; Hearing. If no objection is filed, the court may enter an order approving or disapproving the agreement without conducting a hearing. If an objection is filed or if the court determines a hearing is appropriate, the court shall hold a hearing on no less than five days notice to the objector, the movant, the parties on whom service is required by paragraph (1) of this subdivision and such other entities as the court may direct.
(4) Agreement in Settlement of Motion. The court may direct that the procedures prescribed in paragraphs (1), (2), and (3) of this subdivision shall not apply and the agreement may be approved without further notice if the court determines that a motion made pursuant to subdivisions (a), (b), or (c) of this rule was sufficient to afford reasonable notice of the material provisions of the agreement and opportunity for a hearing.
[1] So in original. Probably should be only one section symbol.

11 USC Appendix Rule 4002 - Duties of Debtor

(a) In General. In addition to performing other duties prescribed by the Code and rules, the debtor shall:
(1) attend and submit to an examination at the times ordered by the court;
(2) attend the hearing on a complaint objecting to discharge and testify, if called as a witness;
(3) inform the trustee immediately in writing as to the location of real property in which the debtor has an interest and the name and address of every person holding money or property subject to the debtors withdrawal or order if a schedule of property has not yet been filed pursuant to Rule 1007;
(4) cooperate with the trustee in the preparation of an inventory, the examination of proofs of claim, and the administration of the estate; and
(5) file a statement of any change of the debtors address.
(b) Individual Debtors Duty To Provide Documentation.
(1) Personal Identification. Every individual debtor shall bring to the meeting of creditors under 341:
(A) a picture identification issued by a governmental unit, or other personal identifying information that establishes the debtors identity; and
(B) evidence of social-security number(s), or a written statement that such documentation does not exist.
(2) Financial Information. Every individual debtor shall bring to the meeting of creditors under 341, and make available to the trustee, the following documents or copies of them, or provide a written statement that the documentation does not exist or is not in the debtors possession:
(A) evidence of current income such as the most recent payment advice;
(B) unless the trustee or the United States trustee instructs otherwise, statements for each of the debtors depository and investment accounts, including checking, savings, and money market accounts, mutual funds and brokerage accounts for the time period that includes the date of the filing of the petition; and
(C) documentation of monthly expenses claimed by the debtor if required by 707(b)(2)(A) or (B).
(3) Tax Return. At least 7 days before the first date set for the meeting of creditors under 341, the debtor shall provide to the trustee a copy of the debtors federal income tax return for the most recent tax year ending immediately before the commencement of the case and for which a return was filed, including any attachments, or a transcript of the tax return, or provide a written statement that the documentation does not exist.
(4) Tax Returns Provided to Creditors. If a creditor, at least 15 days before the first date set for the meeting of creditors under 341, requests a copy of the debtors tax return that is to be provided to the trustee under subdivision (b)(3), the debtor, at least 7 days before the first date set for the meeting of creditors under 341, shall provide to the requesting creditor a copy of the return, including any attachments, or a transcript of the tax return, or provide a written statement that the documentation does not exist.
(5) Confidentiality of Tax Information. The debtors obligation to provide tax returns under Rule 4002 (b)(3) and (b)(4) is subject to procedures for safeguarding the confidentiality of tax information established by the Director of the Administrative Office of the United States Courts.

11 USC Appendix Rule 4003 - Exemptions

(a) Claim of Exemptions. A debtor shall list the property claimed as exempt under 522 of the Code on the schedule of assets required to be filed by Rule 1007. If the debtor fails to claim exemptions or file the schedule within the time specified in Rule 1007, a dependent of the debtor may file the list within 30 days thereafter.
(b) Objecting to a Claim of Exemptions.
(1) Except as provided in paragraphs (2) and (3), a party in interest may file an objection to the list of property claimed as exempt within 30 days after the meeting of creditors held under 341(a) is concluded or within 30 days after any amendment to the list or supplemental schedules is filed, whichever is later. The court may, for cause, extend the time for filing objections if, before the time to object expires, a party in interest files a request for an extension.
(2) The trustee may file an objection to a claim of exemption at any time prior to one year after the closing of the case if the debtor fraudulently asserted the claim of exemption. The trustee shall deliver or mail the objection to the debtor and the debtors attorney, and to any person filing the list of exempt property and that persons attorney.
(3) An objection to a claim of exemption based on 522(q) shall be filed before the closing of the case. If an exemption is first claimed after a case is reopened, an objection shall be filed before the reopened case is closed.
(4) A copy of any objection shall be delivered or mailed to the trustee, the debtor and the debtors attorney, and the person filing the list and that persons attorney.
(c) Burden of Proof. In any hearing under this rule, the objecting party has the burden of proving that the exemptions are not properly claimed. After hearing on notice, the court shall determine the issues presented by the objections.
(d) Avoidance by Debtor of Transfers of Exempt Property. A proceeding by the debtor to avoid a lien or other transfer of property exempt under 522(f) of the Code shall be by motion in accordance with Rule 9014. Notwithstanding the provisions of subdivision (b), a creditor may object to a motion filed under 522(f) by challenging the validity of the exemption asserted to be impaired by the lien.

11 USC Appendix Rule 4004 - Grant or Denial of Discharge

(a) Time for Filing Complaint Objecting to Discharge; Notice of Time Fixed. In a chapter 7 liquidation case a complaint objecting to the debtors discharge under 727(a) of the Code shall be filed no later than 60 days after the first date set for the meeting of creditors under 341(a). In a chapter 11 reorganization case, the complaint shall be filed no later than the first date set for the hearing on confirmation. At least 25 days notice of the time so fixed shall be given to the United States trustee and all creditors as provided in Rule 2002 (f) and (k), and to the trustee and the trustees attorney.
(b) Extension of Time. On motion of any party in interest, after hearing on notice, the court may for cause extend the time to file a complaint objecting to discharge. The motion shall be filed before the time has expired.
(c) Grant of Discharge.
(1) In a chapter 7 case, on expiration of the time fixed for filing a complaint objecting to discharge and the time fixed for filing a motion to dismiss the case under Rule 1017 (e), the court shall forthwith grant the discharge unless:
(A) the debtor is not an individual;
(B) a complaint objecting to the discharge has been filed;
(C) the debtor has filed a waiver under 727(a)(10);
(D) a motion to dismiss the case under 707 is pending;
(E) a motion to extend the time for filing a complaint objecting to the discharge is pending;
(F) a motion to extend the time for filing a motion to dismiss the case under Rule 1017 (e)(1) is pending;
(G) the debtor has not paid in full the filing fee prescribed by 28 U.S.C. 1930 (a) and any other fee prescribed by the Judicial Conference of the United States under 28 U.S.C. 1930 (b) that is payable to the clerk upon the commencement of a case under the Code, unless the court has waived the fees under 28 U.S.C. 1930 (f);
(H) the debtor has not filed with the court a statement of completion of a course concerning personal financial management as required by Rule 1007 (b)(7);
(I) a motion to delay or postpone discharge under 727(a)(12) is pending;
(J) a motion to enlarge the time to file a reaffirmation agreement under Rule 4008 (a) is pending;
(K) a presumption has arisen under 524(m) that a reaffirmation agreement is an undue hardship; or
(L) a motion is pending to delay discharge, because the debtor has not filed with the court all tax documents required to be filed under 521(f).
(2) Notwithstanding Rule 4004 (c)(1), on motion of the debtor, the court may defer the entry of an order granting a discharge for 30 days and, on motion within that period, the court may defer entry of the order to a date certain.
(3) If the debtor is required to file a statement under Rule 1007 (b)(8), the court shall not grant a discharge earlier than 30 days after the statement is filed.
(d) Applicability of Rules in Part VII. A proceeding commenced by a complaint objecting to discharge is governed by Part VII of these rules.
(e) Order of Discharge. An order of discharge shall conform to the appropriate Official Form.
(f) Registration in Other Districts. An order of discharge that has become final may be registered in any other district by filing a certified copy of the order in the office of the clerk of that district. When so registered the order of discharge shall have the same effect as an order of the court of the district where registered.
(g) Notice of Discharge. The clerk shall promptly mail a copy of the final order of discharge to those specified in subdivision (a) of this rule.

11 USC Appendix Rule 4005 - Burden of Proof in Objecting to Discharge

At the trial on a complaint objecting to a discharge, the plaintiff has the burden of proving the objection.

11 USC Appendix Rule 4006 - Notice of No Discharge

If an order is entered: denying a discharge; revoking a discharge; approving a waiver of discharge; or, in the case of an individual debtor, closing the case without the entry of a discharge, the clerk shall promptly notify all parties in interest in the manner provided by Rule 2002.

11 USC Appendix Rule 4007 - Determination of Dischargeability of a Debt

(a) Persons Entitled To File Complaint. A debtor or any creditor may file a complaint to obtain a determination of the dischargeability of any debt.
(b) Time for Commencing Proceeding Other Than Under 523(c) of the Code. A complaint other than under 523(c) may be filed at any time. A case may be reopened without payment of an additional filing fee for the purpose of filing a complaint to obtain a determination under this rule.
(c) Time for Filing Complaint Under 523(c) in a Chapter 7 Liquidation, Chapter 11 Reorganization, Chapter 12 Family Farmers Debt Adjustment Case, or Chapter 13 Individuals Debt Adjustment Case; Notice of Time Fixed. Except as otherwise provided in subdivision (d), a complaint to determine the dischargeability of a debt under 523(c) shall be filed no later than 60 days after the first date set for the meeting of creditors under 341(a). The court shall give all creditors no less than 30 days notice of the time so fixed in the manner provided in Rule 2002. On motion of a party in interest, after hearing on notice, the court may for cause extend the time fixed under this subdivision. The motion shall be filed before the time has expired.
(d) Time for Filing Complaint Under 523(a)(6) in a Chapter 13 Individuals Debt Adjustment Case; Notice of Time Fixed. On motion by a debtor for a discharge under 1328(b), the court shall enter an order fixing the time to file a complaint to determine the dischargeability of any debt under 523(a)(6) and shall give no less than 30 days notice of the time fixed to all creditors in the manner provided in Rule 2002. On motion of any party in interest, after hearing on notice, the court may for cause extend the time fixed under this subdivision. The motion shall be filed before the time has expired.
(e) Applicability of Rules in Part VII. A proceeding commenced by a complaint filed under this rule is governed by Part VII of these rules.

11 USC Appendix Rule 4008 - Filing of Reaffirmation Agreement; Statement in Support of Reaffirmation Agreement

(a) Filing of Reaffirmation Agreement. A reaffirmation agreement shall be filed no later than 60 days after the first date set for the meeting of creditors under 341(a) of the Code. The court may, at any time and in its discretion, enlarge the time to file a reaffirmation agreement.
(b) Statement in Support of Reaffirmation Agreement. The debtors statement required under 524(k)(6)(A) of the Code shall be accompanied by a statement of the total income and expenses stated on schedules I and J. If there is a difference between the total income and expenses stated on those schedules and the statement required under 524(k)(6)(A), the statement required by this subdivision shall include an explanation of the difference.