Why Non-Individuals Do Not Have To Turn Over Tax Returns Prior to 341

Read another great piece from Colliers and I reconcile with Rule 4003(b).   Corporation files bankruptcy, trustee requests tax returns 7 days prior….do you have to send it?   Well let’s see what the statute says…

Rule 4002 Duties of Debtor

(b) Individual Debtor’s Duty To Provide Documentation.

(3) Tax Return. At least 7 days before the first date set for the meeting of creditors under §341, the debtor shall provide to the trustee a copy of the debtor’s federal income tax return for the most recent tax year ending immediately before the commencement of the case….

The statute is pretty clear to me in the title of that section — Individual Debtor’s Only.

UPDATE:  Yes, section 521(e)(2) says “debtor shall turnover tax returns” but 521(e)(1) has the word “individual” and under some statutory interpretation or canon I would argue that since (e)(1) comes before (e)(2) that Congress implied  “individual” in (e)(2)  but I know it’s a far stretch.  Thanks Michael Avanesian, I enjoy our stimulating conversations.

FRBP versus the Code — both are federal statutes with conflicting language– who wins?  (turning to 2L conlaw outline).

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