What if Trustee doesn't get tax returns 7 days prior?

[OnTheRocks]

I was expecting a letter requesting my last years tax returns. As my meeting is Monday and I hadn't received anything I called the Clerk and was told nothing would be mailed and I should have done it last week.

So I have mailed it this morning, no idea if he will get it by Monday, also I e mailed him with the return as an attachment, and I will bring my returns to the 341.

Have I screwed up here? Court website says may result in dismissal if tax returns not received 7 days prior to 341.

[HHM]

This rule is pretty much hard and fast, if the trustee doesn't get the tax return, then he files a 521(e)(2) notice and the case is dismissed.
If you see the Notice, you can file an Objection and explain the situation; If you are pro se (not represented by the attorney), the court might take pity. But the code only says that the court "shall dismiss the case unless the debtor demonstrates that the failure to so comply...was beyond his control"

So, in essence, yes, you screwed up. But you might be able to wiggle out of it.

[Mi Bankruptcy]

I suppose it would depend on your Trustee. What does attorney think. If your case is a basic case and you emailed it the trustee may accept them. good luck

[OnTheRocks]

Aaaahh crap! Well I will find out on Monday I guess, not sure if there is anything I can do now.... Would calling the Trustee help or just piss him off?

Thanks for the replies.

[OnTheRocks]

The Trustee replied,

"The debtor must submit the previous year Federal tax returns to the case trustee not later than 7 days before the date first set for the first meeting of creditors. Failure to submit the tax documents may result in the case being dismissed. Social security numbers must be redacted. Unless otherwise instructed, do not submit your tax returns for filing to the Court. "

Can anyone read anything into this? I'm guessing I go to the 341 and hope for leniency..

EDIT: Does redacted mean that the SS#'s be blacked out??

[HHM]

Yes, the tax return you submit are supposed to have the first 5 numbers of the SSN blacked out.

Just show up at the 341 and see what happens. If the trustee has it, he may not care about the 7 day rule.

[justbroke]

My Trustee allowed me to e-mail all the required documents. You may want to check if this is available. You really need to get those required forms in.

As a Pro Se filer, you must do more than just sit around waiting for people to mail you things. You must understand the process and procedures! There is no mercy for not following procedure... whether you're an attorney or not.

[OnTheRocks]

Yes JB I am learning the hard way. I have done all I can for now, will post on Monday how my 341 went. Sigh.

EDIT: checked PACER and nothing has changed since Nov 20th, so don't think a 521(e)(2) Notice has been filed on my case.

[mtbc]

Isn't there something about mailing proof of income (paystubs, etc.) from the past 60 days to the trustee too? (Do some districts also want that filed with the court?) Assuming they filed all the normal checklist stuff when they filed, then, apart from that and any form 8's, is there anything else for the pro se filer to do before the 341 without being asked to?

[justbroke]

Isn't there something about mailing proof of income (paystubs, etc.) from the past 60 days to the trustee too? (Do some districts also want that filed with the court?)

The 60-days of pay advices is a case filing requirement. They must be filed with the Court within 15 days of filing your petition or your case may be dismissed.

Assuming they filed all the normal checklist stuff when they filed, then, apart from that and any form 8's, is there anything else for the pro se filer to do before the 341 without being asked to?

Yes. You must comply also with any request for information from the Trustee or suffer a 11 USC 521(a)(3) motion to dismiss.

[mtbc]

Thank you, glad I didn't miss anything. A "request for information" sounds like "being asked to" to me!

Our district (Massachusetts) actually wants pay advices to be filed with the trustee, not the court. I don't know how unusual that is.

[jribe]

typically the 341 will be continued; which will push your discharge and everything out a month or so (depending on how busy your district is)

In my district- this happened to about 5 people who didn't have their tax returns and their 341's weren't rescheduled until the end of Jan (and my 341 was end of Nov).

Is there anyway you can print a copy from whatever software/website you used? Or get it from your CPA if one was used?

I was expecting a letter requesting my last years tax returns. As my meeting is Monday and I hadn't received anything I called the Clerk and was told nothing would be mailed and I should have done it last week.

So I have mailed it this morning, no idea if he will get it by Monday, also I e mailed him with the return as an attachment, and I will bring my returns to the 341.

Have I screwed up here? Court website says may result in dismissal if tax returns not received 7 days prior to 341.

[OnTheRocks]

I have copies, ..but I slipped into complacency. That's reassuring knowing it could just be rescheduled, as opposed to outright dismissed. I'm really hoping that I can submit it at the 341.

Well I'm Monday morning so will let you all know how it unfolds. This thread should serve as a good reminder for future "pro se'ers" anyways.

[NHC]

Isn't there something about mailing proof of income (paystubs, etc.) from the past 60 days to the trustee too? (Do some districts also want that filed with the court?) Assuming they filed all the normal checklist stuff when they filed, then, apart from that and any form 8's, is there anything else for the pro se filer to do before the 341 without being asked to?

I had to have my 2008 tax return to my Trustee at least 7 days prior to my 341..which I did....and I have to bring with me (tomorrow ) my 2006 and 2007 tax returns, 90 days of bank statements, my pay stubs, and fill out a form that he sent me in the mail. (He needs a better form...it barely has enough room to write anything and looks rather old....) I also have my YTD income statements from when I started my job in 2006 -all the way through today as well....just in case....and of course the usual SSN card and ID. I tossed my DD-214 in the files too...just in case.

[OnTheRocks]

Well looks like I might have gotten lucky. The Trustee sent me an e mail requesting the return in PDF format. I have complied, and already I am liking him a lot!