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    Trustee meeting documents

    I have my trustee meeting next week and earlier this week, the trustee sent an email requesting I complete the BANKRUPTCY QUESTIONNAIRE & DOCUMENT REQUEST for.

    I completed it and sent it to him. He replied:
    "Please reference the tax return as an attachment and provide a copy of the tax return."

    I had previously sent my 2006 tax return (this was the last one filed).

    I sent him the return again and he replied:
    "Please follow the instructions in the questionnaire. The previously provided tax returns didn't contain a sworn statement and have no value without a sworn statement."

    I asked him what he meant by a sworn statement and he replied:
    "At this point, I strongly suggest that you both retain counsel to explain your duties per Rule 4002 and the instructions in the questionnaire. I also suggest that you read the questionnaire completely from page one to page four. "

    I researched Rule 4002 and it states:
    (3) Tax return.

    At least 7 days before the first date set for the meeting of creditors under ยง 341, the debtor shall provide to the trustee a copy of the debtor's federal income tax return for the most recent tax year ending immediately before the commencement of the case and for which a return was filed, including any attachments, or a transcript of the tax return, or provide a written statement that the documentation does not exist."

    The BANKRUPTCY QUESTIONNAIRE & DOCUMENT REQUEST states:
    " 2. Tax Returns: A complete and signed copy of your most recently filed federal and state tax returns or complete tax transcript. Please be sure to cross out (redact) all social security number and the names of your dependents on all the documents to protect your privacy. The following website has Transcript
    information:

    Is the 2006 return not acceptable and he wants a sworn statement saying I don't have a 2010 return?

    Any help would be appreciated?

    #2
    I believe the key is "or provide a written statement that the documentation does not exist."

    Because you have no 2010 return the documentation does not exist.

    Comment


      #3
      Originally posted by jeep75 View Post
      I believe the key is "or provide a written statement that the documentation does not exist."

      Because you have no 2010 return the documentation does not exist.
      Reading what you posted, kmiller, I have to agree with the quote above from jeep75. I read what you posted and noticed it, too.
      Decided on Chapter 7: October 13, 2010; Retained Attorney: October 20, 2010; Filed Chapter 7: February 4, 2011; 341 Meeting: March 23, 2011; Discharged: May 24, 2011

      Comment


        #4
        Thanks. It appears that the rule 4002 wording trumps the wording in the trustees document.
        So I should just create a sworn statement stating the 2010 tax return doesn't exist.

        Comment

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