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Motion requiring Debtor to File Tax Returns/Deposit Books and Records  

Official Procedure Last Change February 2, 2016

Motion Requiring Debtor to File Tax Returns/Deposit Books and Records

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > File Tax Returns/Deposit Books and Records, Motion Requiring Debtor to

  • 11 U.S.C. 512(e), (f)
  • FRBP 4002(b)(5)

General Information

A Motion Requiring Debtor to File Tax Returns/Deposit Books and Records may be filed when the trustee or other party seeks a court order requiring the debtor to file (or give to the trustee) tax returns.

Once the court has entered the order granting and the debtor has filed the tax documents with the court, a party wishing to view the documents must file a Motion for Access to Tax Information. (The trustee is not required to do this - 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 either the debtor or debtor's attorney.
  • A Certificate of Service must be included.
  • A proposed order may be uploaded. Trustees are encouraged to provide in the order that the debtors either file any return using the Tax Documents event OR deliver the return to the trustee. If no order is uploaded, the court will prepare one.

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 File Tax Returns/Deposit Books and Records, Motion Requiring Debtor to 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.