Case No. 05-87329-JAC-13.United States Bankruptcy Court, N.D. Alabama, Northern Division.
December 9, 2005
ORDER
JACK CADDELL, Bankruptcy Judge
This case is before the Court on debtor’s request for additional time to provide income tax returns required by § 521(e)(2)(A)(i). Section 521(e)(2)(A)(i) requires debtors to provide to the trustee a copy of the debtor’s prepetition Federal income tax return, or a transcript of such return, no later than 7 days before the first date set for the first meeting of creditors. Section 521(e)(2)(B) provides that the Court shall dismiss the case if the debtor fails to comply with paragraph (A) unless the debtor demonstrates that the failure is due to circumstances beyond the control of the debtor.
The Court does not record or monitor compliance with § 521(e)(2)(A)(i) until brought before the Court on trustee’s motion to dismiss for failure to comply. The Court will not consider same until a motion to dismiss is filed at the discretion of the trustee.
Alternatively, the Court finds that the debtor’s request is premature. January 3, 2006 is the first date set for the meeting of creditors in this case. The debtor has until seven days prior to January 3, 2006 to provide the trustee with the required prepetition tax returns. The debtor cannot demonstrate that her current inability to comply is due to circumstances beyond her control when more than two weeks remain to obtain the required documentation.
Based upon the forgoing, the Court finds, and it is ORDERED, ADJUDGED AND DECREED that debtor’s motion for additional time is hereby denied.
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