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Motion for Access to Tax Information

Official Procedure Last Change February 2, 2016

Motion for Access to Tax Information

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Access to Tax Information, Motion for

Things to be aware of when filing: This event should only be used when the  debtor has already filed tax documents.

  • 11 USC 512(e), (f)
  • FRBP 4002(b)(5)

General Information

  • This event is used when a party seeks to receive access to debtor's tax documents that have already been filed with the court in response to a request from either that party or another one.
  • A case trustee is not required to file this motion since access to tax documents is automatically granted.
  • Once the court has entered the order granting access, a copy of the documents is mailed to the party requesting. Electronic access to the documents is available only to the trustee, and clerk staff cannot print copies without the court order.

Filing requirements

  • The Motion must be signed by the filing party or their attorney.
  • The Motion must state:
    • A description of the movant's status in the case (e.g. creditor).
    • A description of the specific tax information sought.
    • A statement indicating that the information cannot be obtained from any other source.
    • A statement showing a demonstrated need for the tax information.
  • A Certificate of Service must be included.
  • A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Access to Tax Information, Motion for from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

11. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.