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11 U.S.C. § 344 — Self-incrimination; immunity
Federal law — U.S. Code and appendices · legal_authorities
Immunity for persons required to submit to examination, to testify, or to provide information in a case under this title may be granted under part V of title 18.
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Source location: Title 11, Chapter 3, § 344; chapter-003-case-administration.md
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Immunity for persons required to submit to examination, to testify, or to provide information in a case under this title may be granted under part V of title 18.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The debtor shall—
(1) file—
(A) a list of creditors; and
(B) unless the court orders otherwise—
(i) a schedule of assets and liabilities;
(ii) a schedule of current income and current expenditures;
(iii) a statement of the debtor’s financial affairs and, if section 342(b) applies, a certificate—
(I) of an attorney whose name is indicated on the petition as the attorney for the debtor, or a bankruptcy petition preparer signing the petition under section 110(b)(1), indicating that such attorney or the bankruptcy petition preparer delivered to the debtor the notice required by section 342(b); or
(II) if no attorney is so indicated, and no bankruptcy petition preparer signed the petition, of the debtor that such notice was received and read by the debtor;
(iv) copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition, by the debtor from any employer of the debtor;
(v) a statement of the amount of monthly net income, itemized to show how the amount is calculated; and
(vi) a statement disclosing any reasonably anticipated increase in income or expenditures over the 12-month period following the date of the filing of the petition;
(2) if an individual debtor’s schedule of assets and liabilities includes debts which are secured by property of the estate—
(A) within thirty days after the date of the filing of a petition under chapter 7 of this title or on or before the date of the meeting of creditors, whichever is earlier, or within such additional time as the court, for cause, within such period fixes, file with the clerk a statement of his intention with respect to the retention or surrender of such property and, if applicable, specifying that
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Federal law — U.S. Code and appendices · legal_authorities
Page 65
TITLE 11—BANKRUPTCY
§ 344
commenced under this title before such effective date,
except as otherwise provided, see section 1501 of Pub. L.
109–8, set out as a note under section 101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–394 effective Oct. 22, 1994,
and not applicable with respect to cases commenced
under this title before Oct. 22, 1994, see section 702 of
Pub. L. 103–394, set out as a note under section 101 of
this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–353 effective with respect
to cases filed 90 days after July 10, 1984, see section
552(a) of Pub. L. 98–353, set out as a note under section
101 of this title.
§ 343. Examination of the debtor
The debtor shall appear and submit to exam-
ination under oath at the meeting of creditors
under section 341(a) of this title. Creditors, any
indenture trustee, any trustee or examiner in
the case, or the United States trustee may ex-
amine the debtor. The United States trustee
may administer the oath required under this
section.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2565; Pub. L.
98–353, title III, § 436, July 10, 1984, 98 Stat. 370;
Pub. L. 99–554, title II, § 213, Oct. 27, 1986, 100
Stat. 3099.)
HISTORICAL AND REVISION NOTES
SENATE REPORT NO. 95–989
This section, derived from section 21a of the Bank-
ruptcy Act [section 44(a) of former title 11], requires
the debtor to appear at the meeting of creditors and
submit to examination under oath. The purpose of the
examination is to enable creditors and the trustee to
determine if assets have improperly been disposed of or
concealed or if there are grounds for objection to dis-
charge. The scope of the examination under this sec-
tion will be governed by the Rules of Bankruptcy Pro-
ce
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 344
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