Legal Question in Bankruptcy in Massachusetts

521 Demand and dismissal

I am a company based in Massachusetts.

We had a client that was jerking us around about payment. After multiple lawsuits, and all no shows, the ex client claimed bankruptcy.

We are one of 57 debtors and the second to the bottom with the amount owed.

10 days before the 341 meeting, we demanded certified and in full compliance the clients tax returns. By the 7th day before the 341, we were NOT served. At the 341 we demanded a copy of his returns, and the opposing attorney said no, we weren't entitled to them. We know they existed because the trustee has a copy of them, making the argument that they are not available or out of the control of the defendant moot.

Two weeks AFTER the 341 we received the returns. I believe this to be a violation of my 341 demands, so...

We then filed a dismissal under a 521.

We have hearing approaching to get the facts of the case with the trustee. We have reason to believe with substantial proof of a lot of ''omissions'' in his statements and documents.

What are our rights and under 521 and is the opposing attorney correct in believing that we ''are not entitled'' to the tax returns. Even though we were sent them, late.


Asked on 11/09/08, 7:42 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: 521 Demand and dismissal

It is impossible to answer this question anonymously because the answer is based on facts that aren't stated in the question. You should call me or another bankruptcy attorney for an appointment, and take all your paperwork to the appointment.

David Baker

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Answered on 11/09/08, 8:36 pm


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