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In a Chapter 13 bankruptcy proceeding, may a creditor request copies of the debtor's tax returns AFTER the 341 meeting was held?

Tulsa, OK |

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?

Attorney Answers 4


  1. 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.

    Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.


  2. (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.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.


  3. 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.....

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.


  4. Yes usually through, Attoney, not common.

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