December 14, 2005

 

Deficient Filing Check List

 

One of the new forms provided to the trustees was a Deficient Filing Check List.  This form has been modified a couple of times.  Click here to view the form.  Trustees are asked to use this checklist to determine that all appropriate documents have been timely filed or provided.  If a document has not been timely provided or filed, the trustee has been requested to continue the first meeting of creditors and notify the OUST.  In some instances the trustee is also required to file a Detailed 341 Report that may result in automatic dismissal of a case.  The OUST may also determine to file Motions to Dismiss.  To help in this process counsel is being asked to complete this form and bring it with them to the 341 Hearing.

 

Continuing Hearings

 

Trustees are being asked to continue hearing in order to give the OUST time to complete their statutory duties.  The OUST must determine if the filing of a case is considered abusive and file a report within 10 days after the conclusion of the 341 hearing.  If important information is missing from a filing, that determination becomes harder to make.

 

11 USC 707

 

Trustees have been asked to make a number of comparisons in each case to ensure that income information has been accurately reported.  A form has been created to assist with this process.  Click here to view the form. [Income Verification Form 707b]  To assist  in this process counsel is being asked to complete this form and bring it with them to the 341 Hearing.

 

Tax Stipulation Form

 

The OUST has prepared a stipulation to be used in any case in which a Tax Return needs to be filed.  This form will solve some problems for debtors and trustees.  In the past, trustees were requested to file motions to continue a debtors discharge until the returns had been filed and the taxes turned over.  Failure to comply with the motion could result in an adversary proceeding to deny discharge.  The failure to comply with a trustees directive alone will not result in an adversary proceeding under 727(a)(6).  The new form provides that it has the effect of a court order.  Thus, failure to comply with it can result in denial of discharge.  The advantage to the debtor is that the discharge does not need to be extended.  The advantage to the trustee is that it is simpler.

 

ITIN Questionnaire

 

In any case in which an individual debtor has filed using a Tax Identification Number, the trustees have been asked to collect information from the debtor.  Click here to view the form. [ITIN Questionnaire] Please complete this form and bring it with you to the 341 Hearing if your client has filed using a Tax Identification Number.