§ 521(e)

Orellana, In re

Ruling: 
Remand was required to determine whether debtors provided copy of their last filed federal income tax return within seven days of the meeting of creditors. (Bankr. N.D. W. Va.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-082

In re Salyers

Debtor filed a petition under chapter 7 of the Bankruptcy Code and asked the court to issue an order which waived the requirement that he provide his latest federal income tax return to the chapter 7 trustee pursuant to 11 U.S.C.S. § 521(e)(2)(A).
Ruling: 
Debtor's motion to waive production of federal income tax return to trustee denied as premature.
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Consumer case opionion summary, case decided on January 31,2013, LexisNexis #0313-014

McCready v. Becker (In re Becker)

Plaintiff creditor brought an adversary action against defendant debtors. The court previously denied the creditor's motion to compel the debtors to execute waivers authorizing the Social Security Administration (SSA) and a state agency to release information concerning the monetary amounts received by the debtors from these agencies. The creditor filed a Fed. R. Civ. P. 60 Motion to Alter or Amend.
Ruling: 
Section 521(e) provides creditor with means of obtaining debtor's financial information without compelling debtor to execute waivers.
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Consumer case opionion summary, case decided on August 06,2010, LexisNexis #1110-116

In re Fontaine

The chapter 7 debtors delivered a copy of their federal tax return to the chapter 7 trustee at the 11 U.S.C.S. § 341 meeting with the creditors. However, they did not deliver of copy of the return to a creditor until the next day. The creditor moved to dismiss the chapter 7 case. The debtors' objected to the motion.
Ruling: 
Delivery of copy of tax return to creditor one day after it was provided to trustee was not grounds for dismissal.
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Consumer case opionion summary, case decided on November 17,2008, LexisNexis #1208-116

In re Watson

The debtor filed a motion to excuse compliance with 11 U.S.C.S. § 521(e)(2)(A).
Ruling: 
Debtor's motion to excuse failure to provide tax returns denied as unnecessary absent pending motion to dismiss.
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #1208-115

In re Fileccia

A debtor filed a motion to dismiss her chapter 7 bankruptcy case for failure to provide tax returns to the trustee, as required under 11 U.S.C. § 521(e)(2). The trustee and a creditor objected to the motion.
Ruling: 
Debtor's failure to provide tax returns required dismissal despite potential for abuse by dishonest debtor.
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In re Moser

Movant trustee filed a motion to dismiss respondent debtors'chapter 7 bankruptcy case.
Ruling: 
Attorney's failure to timely forward debtor's tax returns to trustee was beyond debtor's control and not grounds for dismissal.
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In re Grasso

The chapter 7 trustee filed a motion to dismiss the case pursuant to 11 U.S.C. § 521(e)(2)(A) or for an order determining that the debtor had complied with 11 U.S.C. § 521(e)(2)(A) or was exempt from compliance under 11 U.S.C. § 521(e)(2)(B). The trustee filed the motion to dismiss because the debtor's tax returns were not submitted at least seven days prior to the 11 U.S.C. § 341 meeting, as required by 11 U.S.C. § 521(e)(2)(A).
Ruling: 
Trustee's motion to dismiss for debtor's failure to timely file tax returns was denied since untimely filing was due to attorney error and unharmed trustee did not have to seek dismissal.
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In re Satinoff

A trustee and a debtor filed a joint motion to dismiss a chapter 7 case, pursuant to 11 U.S.C. § 521(e)(2), and to reinstate the case under 11 U.S.C. § 350(b).
Ruling: 
Court dismissed case due to late delivery of tax return but reinstated the case since the late delivery did not prejudice the parties.
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In re Ring

In two cases filed after enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), consumer debtors sought orders determining that they had not violated the Bankruptcy Code's requirements for providing the chapter 7 and chapter 13 trustees with copies of prebankruptcy tax returns, as required by 11 U.S.C. § 521(e)(2)(A)(i), even though copies of the returns were provided to the trustees in either case.
Ruling: 
Court deemed that debtors'failure to provide tax returns to trustees was not grounds for dismissal but declined to issue bright line rule on tax return filings since the requests were not cases or controversies but rather anticipatory motions.
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