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Tax returns filed after date of filing 7

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  • Tax returns filed after date of filing 7

    My wife (I didn't file) filed early Sept a chapter 7, so all the schedules reflect the status the date of filing.

    Well at the time we were on extension until 9/15 by IRS (filing jointly) when Irma hit that extension was extended until Jan 2018

    Now my attorney asks for the 2016 return, I said it wasn't filed on or before the date of filing and it shouldn't be required.

    We did in fact file it last week, but I don't feel it's required why give the trustee more info?

    What do you folks think


  • #2
    Your wife filed bk in 2017. Tax returns for 2016 need to be filed timely and refunds are property of the bk estate. The question becomes whether or not your wife can claim an exemption as it relates to any refunds she may be entitled to. I am sure this was explained as the attorney is now telling her to get the returns done sooner rather than later. The longer she delays the longer it will take for the Trustee to close the case.

    Edt to add. The Trustee may also require copies of the 2017 returns when filed and may demand the turnover of a portion of any refunds since the case was filed in September 2017. My suggestion is to get those returns done as soon after the beginning of the year as possible.

    Des.

    Comment


    • #3
      We filed at the beginning of July, and our 2017 tax return won't be filed until probably sometime in February. We will hand over 1/2 of any refund, because that is what the trustee is entitled to. Halfway through the year -- half of the tax refund. This is how it works.

      In bk you give them the information they request -- there is no place for "it's none of their business". We've invited them into ALL of our business. Why give the trustee more info? Because they asked for it. Period.

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      • #4
        You need to get your 2016 tax returns filed and sent to the trustee. Get it done ASAP. In bankruptcy, a filing extension doesn't mean squat.

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