Personal Information Collected from the Debtor

Both Chapter 7 and Chapter 13 cases begin with the debtor filing a petition in a bankruptcy court serving the area where the debtor lives. (20) In addition to the petition, the debtor is required to file with the court schedules of assets and liabilities, current income and expenditures, and executory contracts and unexpired leases, as well as a statement answering detailed questions about the debtor's financial affairs. (21) To complete the Official Bankruptcy Forms that make up the petition and schedules, a debtor must compile:

• a list of creditors and the amount and nature of their claims;
• the source, amount, and frequency of the debtor's income;
• a list of all of the debtor's property; and
• a detailed list of the debtor's monthly living expenses, such as, food, clothing, shelter, utilities, taxes, transportation, and medical expenses.

Many items, such as insurance policies and annuities, must be itemized and valued and the policy numbers disclosed. If a debt is a charge account or related to a credit card, the account number must be provided in addition to the name and address of the creditor. In addition, the schedule of current income must include the names, ages, and relationships of all dependents of the debtor. The debtor's Social Security number also appears on the front of the voluntary petition. A debtor who fails to make full and complete disclosure risks denial of a discharge and criminal penalties. 

Bankruptcy Rules also contain provisions regarding information about the debtor that must be filed with the court. Rule 3001(c) requires that an original or duplicate of any writing that is the basis of a claim against a debtor be filed with the proof of claim. Pursuant to this rule, a variety of documents containing personal financial information may be filed with the bankruptcy court. Under Rules 1005 and 9004(b) the bankruptcy petition and every other document filed by the debtor must contain the title of the case, which includes the debtor’s Social Security number and tax identification number.

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