At least 7 days before the first date set for the creditors meeting, the debtor must provide the trustee with a copy of the federal income tax return (or tax transcript) for the most recent year ending before the commencement of the case, if a return was required for that year.1 A copy of this return must be given to any creditors who request one at least 14 days before the first date set for the creditors meeting.2 The bankruptcy court may dismiss the petition of a debtor who fails to file a required return or transcript.3 If an interested party has filed a motion to dismiss of these grounds, the debtor must show that the failure to file was due to circumstances beyond the debtor’s control.
Because most low-income taxpayers use professional tax preparation services, a copy of a lost return can usually be obtained from the tax preparer. Attorneys who work for Low-Income Taxpayer Clinics also have immediate electronic access to IRS tax transcripts provided the client signs a Form 2848 authorizing the low-income tax clinic attorney to represent the client in tax matters for the relevant years. If these options are not available, you should immediately file an IRS Form 4506-T to obtain the client transcripts for the tax year in question.