If it is appropriate, how would such a request be made? Directly to the debtor's attorney with a copy to the trustee? How many years can be requested?
Under 11 U.S.C. 521(f), a party of interest can request federal tax return information for the year in which the case is pending. I'm not sure about requesting previous year returns AFTER the 341 is held. Before the 341 is held, a request can be made by a party of interest for at least the previous year federal income tax return.
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(f) At the request of the court, the United States trustee, or any party in interest in a case under chapter 7, 11, or 13, a debtor who is an individual shall file with the court--
(1) at the same time filed with the taxing authority, a copy of each Federal income tax return required under applicable law (or at the election of the debtor, a transcript of such tax return) with respect to each tax year of the debtor ending while the case is pending under such chapter;
(2) at the same time filed with the taxing authority, each Federal income tax return required under applicable law (or at the election of the debtor, a transcript of such tax return) that had not been filed with such authority as of the date of the commencement of the case and that was subsequently filed for any tax year of the debtor ending in the 3-year period ending on the date of the commencement of the case;
(3) a copy of each amendment to any Federal income tax return or transcript filed with the court under paragraph (1) or (2); and
(4) in a case under chapter 13--
(A) on the date that is either 90 days after the end of such tax year or 1 year after the date of the commencement of the case, whichever is later, if a plan is not confirmed before such later date; and
(B) annually after the plan is confirmed and until the case is closed, not later than the date that is 45 days before the anniversary of the confirmation of the plan;
a statement, under penalty of perjury, of the income and expenditures of the debtor during the tax year of the debtor most recently concluded before such statement is filed under this paragraph, and of the monthly income of the debtor, that shows how income, expenditures, and monthly income are calculated.
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Yes, the creditor can request a copy of your tax return upon a motion or request (motion) pursuant to 11 USC 521. In a Chapter 13 the request can be made within 90 days of the filing of the return or within 1 year of the filing of the case whichever is later, if a plan is not confirmed before such later date; and annually after the plan is confirmed and until the case is closed.... Rarely, does a creditor ask for this, but in some circumstances they do. The trustee should already have all the taxes in a Chapter 13 for past 4 years and a creditor can request copies from the trustee. However, I really think a motion should be filed by the creditor or a request is made upon the Debtors attorney.....
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