Required documents and deadlines
Under 11 U.S.C. § 521, the debtor must file a substantial set of documents:
- Schedules A/B through J -- assets, liabilities, income, expenses, executory contracts
- Statement of Financial Affairs (SOFA) -- comprehensive financial history
- Means test form (Chapter 7) or Chapter 13 plan
- Credit counseling certificate -- must be completed within 180 days before filing
- Tax returns -- most recent year filed, provided to the trustee at least 7 days before the 341 meeting
- Pay stubs -- 60 days of pay advices, provided to the trustee before the 341 meeting
- Photo ID and SSN verification -- presented at the 341 meeting
If schedules are not filed within 14 days of the petition (or an extended deadline), the case is automatically dismissed under § 521(i).
Common procedural failures
- Missing the credit counseling requirement. Under § 109(h), you must complete a course from an approved provider before filing. Filing without it renders the petition deficient.
- Failing to provide tax returns. Under § 521(e)(2), failure to provide tax returns to the trustee can result in dismissal.
- Incomplete schedules. Leaving assets off Schedule A/B, omitting creditors from Schedules D/E/F, or failing to list income sources will draw trustee scrutiny and potential dismissal.
- Missing the 341 meeting. Failure to attend is grounds for dismissal. See what happens if you miss it.
How to avoid procedural dismissal
- Gather all required documents before filing -- do not file first and gather later
- Complete credit counseling before your attorney files the petition
- Provide tax returns and pay stubs to the trustee promptly
- Respond to all trustee requests within the stated deadline
- If you need more time, file a motion for extension before the deadline passes
Procedural dismissals are usually fixable. If your case is dismissed for incomplete paperwork, you can typically refile after gathering the missing documents. There is generally no bar on refiling for procedural dismissals (unlike bad-faith dismissals).