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In re Tomer (Case No. 08-61265) 3/14/2014

The Court denied the movant's request for the debtor to produce prior years' tax returns and income and expediture statements, pursuant to Bankruptcy Code section 521(f).  Ultimately, the Court held that the movant had not made a sufficient showing that it could not obtain this information through other means or that there was a need for the information to aid in the administration of the case, especially in light of the fact the debtor had already completed all plan payments and the case almost closed.  To warrant such production of confidential information, the movant must first prove a need that outweighs the debtor's right to privacy.

Date: 
Friday, March 14, 2014
Category: 
Discovery
Tax Issues