While the Chapter 7 Bankruptcy Trustee is not obligated to produce W-2’s for companies in Chapter 7 bankruptcy, in this instance the Trustee believes that the payroll records kept by Debt Relief USA’s payroll processing company are complete and accurate and so would be able to produce accurate W-2’s. The Trustee also believes the issuing of 2009 W-2’s would be a significant benefit to former employees at a nominal cost to the Estate.
To that end, the Trustee has filed a motion with the Bankruptcy Court for permission to pay Debt Relief USA’s former payroll processing company to issue 2009 W-2’s to its former employees. As this approval is still pending, it is currently undetermined as to IF or WHEN 2009 W-2’s will be issued.
In lieu of formal W-2’s, employees may fill in Form 4852 - Substitute for Form W-2 using information from the last pay stub, which should reflect year-to-date income.