Tax Returns > Creditor

[shabam]

After we file we have to provide the trustee with our tax returns or transcripts right. Are creditors able to get a copy of these from them? Or do they only have access to our application via pacer?

Hypothetically, if they filed an AP, would they ask for them from me or would they be able to obtain a copy from the trustee?

Thanks
S

[shabam]

No one have any experience on this?

[justbroke]

After we file we have to provide the trustee with our tax returns or transcripts right. Are creditors able to get a copy of these from them? Or do they only have access to our application via pacer?

Tax Receipts, Payroll Advices, and some other items are restricted in PACER. Restricted items may only be viewed by the Court and the Trustee. A creditor may request tax returns/transcripts from you, but they have to ask. Otherwise, they don't get them.

Hypothetically, if they filed an AP, would they ask for them from me or would they be able to obtain a copy from the trustee?

More than likely, the creditor would request a copy from you. The Trustee can't give it to the creditor.

The Creditor can ask for your prior year's tax return, but must do so before the 341 Meeting. In an Adversary Proceeding (AP/complaint), they will most likely subpoena them as part of the discovery process.

11 USC 521 (a)
.
.
(2)
(A) The debtor shall provide--
(i) not later than 7 days before the date first set for the first meeting of creditors, to the trustee a copy of the Federal income tax return required under applicable law (or at the election of the debtor, a transcript of such return) for the most recent tax year ending immediately before the commencement of the case and for which a Federal income tax return was filed; and
(ii) at the same time the debtor complies with clause (i), a copy of such return (or if elected under clause (i), such transcript) to any creditor that timely requests such copy.

[shabam]

Thanks for the post and pasting the info.

[shabam]

posting not pasting..

Maybe some financial discipline needs a little pasting into my skull.