Legal Question in Bankruptcy in California
Bankruptcy 7
I am a creditor and the debtor has filed for CH 7. The debtor has given the trustee handling the case documents regarding his income tax returns. Can I ask the trustee handling the debtors case for copies of those documents ? If so what is the BK code that states I'm entitled or not entitled to the documents. I would rather the trustee give me copies as opposed to doing a Motion to Compel''(i have reason to believe he submitted false documents).
3 Answers from Attorneys
Re: Bankruptcy 7
You are not entitled to the debtor's tax records. You can bring a motion to compel production if you wish, but you will probably be unsuccessful. It is the debtor's constitutional right to privacy that prevents this disclosure.
Re: Bankruptcy 7
In addition to what Mr. McCoy says, you have a right to question the debtor at the creditors' meeting to a certain extent about your debt or about fraud on the creditors or the U.S. government. You might want to seek a lawyer's advice or assistance if you plan to do so. You might also raise issues with the trustee to cause him/her to conduct further investigation.
Re: Bankruptcy 7
The debtor's right of privacy with respect to the return is government by the Internal Revenue code, not the the Bankruptcy Code. You are not entitled to the tax return. You can attend the meeting of creditors and ask questions of the debtor. You can also bring any concerns to the attention of the trustee. The trustee or the U.S. attorney's office can investigate for fraud and abuse of the bankruptcy process.
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