Nick:
Tax returns are required each year. The 13 trustee will see the extra
income and request the extra info. You are right, if the 13 trustee
is asleep, no disclosure requirement. Not likely.
Sent from my iPhone
On Nov 13, 2010, at 1:10 PM, Nicholas Gebelt
wrote:
> Dear Dennis,
>
>
>
> Subsection 521(f) begins with the statement (that appears to apply
> to the entire subsection): At the request of the court, the United
> States trustee, or any party in interest in a case under chapter 7,
> 11, or 13, a debtor who is an individual shall file with the court
> . . . Therefore, in the absence of such a request the Debtor
> appears not to have any of the duties listed in 521(f). And if th> ere is a request to produce some of the materials and information li
> sted, the Debtor is not required to produce all of the others just
> those requested. That seems to me to be the reasonable interpretat
> ion of this subsection based on its grammatical construction.
>
>
>
> It is true that Chapter 13 confirmation orders usually include a
> requirement to produce income tax returns each year. However, I
> have yet to see one that required the Debtor to submit a declaration
> pursuant to 521(f)(4). Therefore, in the absence of a request, I > do not see why the Debtor needs to do anything other than submit inc
> ome tax returns annually and, of course, tax refunds if specified
> in the confirmation order.
>
>
>
> What is wrong with my reasoning?
>
>
>
> All the best,
>
>
>
> Nick
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email:
ngebelt@goodbye2debt.com
>
> Web:
www.goodbye2debt.com
>
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>
> Behalf Of Dennis
> Sent: Friday, November 12, 2010 7:46 PM
> To:
cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Duty to Disclose Change in Circumstances in
> Chapter 13 Case
>
>
>
>
>
> See 521(f)(2), (3), and (4).
>
> See 521(g)
>
>
>
> So answer is must disclose change on first anniversry of confo,
> after the change.
>
>
> Sent from my iPhone
>
>
> On Nov 12, 2010, at 11:22 AM, "Tyson" wrote:
>
>
>
> Hi everyone,
>
> If a debtor was separated at the confirmation of a Chapter 13 plan
> but subsequently got back together with the spouse, (who is
> working), must the debtor disclose this fact to the Chapter 13
> trustee?
> Thanks,
> Ty Takeuchi
>
>
>
>
>
> Reply to sender | Reply to group | Reply via web post | Start a New
> Topic
> Messages in this topic (3)
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Nick: Tax returns are required each year. The 13 trustee will see the extra income and request the extra info. You are right, if the 13 trustee is asleep, no disclosure requirement. Not likely.Sent from my iPhoneOn Nov 13, 2010, at 1:10 PM, Nicholas Gebelt <
ngebelt@gebeltlaw.com> wrote:
Subsection 521(f) begins with the statement (that appears to apply to the entire subsection): At the request of the court, the United States trustee, or any party in interest in a case under chapter 7, 11, or 13, a debtor who is an individual shall file with the court . . . Therefore, in the absence of such a request the Debtor appears not to have any of the duties listed in 521(f). And if there is a request to produce some of the materials and information listed, the Debtor is not required to produce all of the others interpretation of this subsection
based on its grammatical construction. It is true that Chapter 13 confirmation orders usually include a requirement to produce income tax returns each year. However, I have yet to see one that required the Debtor to submit a declaration pursuant to 521(f)(4). Therefore, in the absence of a request, I do not see why the Debtor needs to do anything other than submit income tax returns annually r.
tysonlawfirm@yahoo.com> wrote: Hi everyone,If a debtor was separated at the confirmation of a Chapter 13 plan but subsequently got back together with the spouse, (who is working), must the debtor disclose this fact to the Chapter 13 trustee?Thanks,Ty Takeuchi
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