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Deficiency Notice

What is a deficiency notice?

If a person fails to file any document that is required by the court in which they are filing or if the person files a document that is not acceptable by the court, the person will receive a deficiency notice. The deficiency notice is a notice that lets the person filing identify the document or documents that he/she is missing or that was filed incorrectly. The person would need to look over the information in the deficiency notice and file the right response within a timely manner. Receiving a deficiency notice can lead to many legal questions like the ones answered below.

In the state of Utah, if a person is mailed a deficiency notice on his/her Chapter 7, are they asking for the late notices from the creditors?

If the person receives a deficiency notice from the court in the state of Utah, the court is not asking for the past due notices from the creditors, they are asking for any and all documents that are not completed or that are completed incorrectly. The person would need to file the missing or incorrect filings as soon as possible.

Can a person include a federal tax debt from the years 2007 and 2008 in a bankruptcy if the person receives a deficiency notice and is appealing it in tax court?

The person would not be able to include these tax debts in his/her bankruptcy. There a very few circumstances that tax debt may be dischargeable in bankruptcies and only if certain circumstances are met like, the tax return of the person was not fraudulent and it was filed in a timely manner, if the tax return was filed late, it would need to have been filed 2 years prior to the bankruptcy, the tax debt is not the priority claim of the bankruptcy, and the person did not willingly evade taxes. Since the person received a deficiency notice from the IRS and the case is pending in the tax court, the person would not be able to get the taxes included or discharged in the bankruptcy.

If a person files Chapter 7 bankruptcy and had to make amendments to include assets then received a deficiency notice that they needed to provide a certificate of service, where would the person find or obtain the certificate of service?

The certificate of service is a form that includes the address and numbers of all the creditors and the person and their trustee has certified that they have mailed the amended assets to everyone that is found on that list. The form or certificate of service is not available from the bankruptcy website, so the person would have to obtain one from a lawyer or paralegal.

How can a person get his/her bankruptcy reinstated after it was dismissed if the court never sent a deficiency notice of any missing paperwork?

The person would need to check with the court clerk, but in most cases if the person files the missing paperwork and files for a vacancy of the dismissal then pays the reinstatement fee, then the person would be able to go forward with the bankruptcy. The person would also need to send a notice of the motion and copies of the paperwork to the trustee and any creditors. If this action does not work then the person would need to re-file the whole case over again.

Deficiency notices are sent out to inform a person that there are issues with certain paperwork or that certain paperwork is missing from the court documents. When a person receives the deficiency notice, he/she may have questions regarding what types of things the deficiency notice regards or what the person need to do to take care of the deficiency notice. When questions like these arise, asking an Expert will help insight person stay informed of the law.
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