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Is my discharge in danger now?

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    Is my discharge in danger now?

    I hope it's not so bad but here's the situation. When I filed, I had two businesses, in 2009 there was zero income from first business and $7500 from the second.

    However, in my docs everywhere, it says that I had only $4000 from my second business...

    I think I made a mistake when filling out the paperwork. I am discharged but not closed yet. Now, when I will be filing this year's tax returns, will IRS send my tax returns to the trustee's office and he will see the difference?

    It does not change my 6-month income but what do I do now?
    Filed CH7 on Aug-06-2009 -- DONE!
    341 meeting on Oct-01-2009 -- DONE!
    Discharged on Nov-12-2009 -- DONE!
    Case Closed on Jun-15-2010 -- DONE!

    #2
    I would think you're probably okay. As far as I know the trustee won't look at this year's tax return. Are you Pro Se? If not call your attorney and just ask.
    4/09 Converted to a Ch 7 due to loss in dh's income
    5/09 UST now involved no idea what happens next
    7/09 UST has decided to withdraw his motion to dismiss!
    7/27/09 DISCHARGED!!!

    Comment


      #3
      I'm not pro se but in many cases advice and information I was getting here was far more detailed than the one from my attorney. But I will make sure to contact him. Thanks!
      Filed CH7 on Aug-06-2009 -- DONE!
      341 meeting on Oct-01-2009 -- DONE!
      Discharged on Nov-12-2009 -- DONE!
      Case Closed on Jun-15-2010 -- DONE!

      Comment


        #4
        Yes contact your attorney. The amount may be in-material... but if it pushed your disposable income during the "look back" period, it could be problematic.

        The Trustee doesn't get your tax return, unless you provide a copy and send it to them.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          since it doesn't change your 6-month income it probably doesn't matter. nothing to worry about, i think.
          filed ch7 May 09
          341 june 09
          discharged, closed Aug 09

          Comment


            #6
            justbroke, it does not change my 6-month is affected by it.

            music12, that's what I thought but I have contacted the lawyer anyways just to be safe and will let you know what he says.

            Thanks to both of you!
            Filed CH7 on Aug-06-2009 -- DONE!
            341 meeting on Oct-01-2009 -- DONE!
            Discharged on Nov-12-2009 -- DONE!
            Case Closed on Jun-15-2010 -- DONE!

            Comment


              #7
              It's most likely a non-event. I f you are still concerned you could hold off filing you 09 return as far out as Oct 15th 2010 if you don't owe anything and fill out the extension forms. I would think your case would be closed by then.

              Comment


                #8
                Yes, maybe that's what I will need to do but I believe this year I have a balance due tax return, not like the last year...
                Filed CH7 on Aug-06-2009 -- DONE!
                341 meeting on Oct-01-2009 -- DONE!
                Discharged on Nov-12-2009 -- DONE!
                Case Closed on Jun-15-2010 -- DONE!

                Comment


                  #9
                  If the extra income did not occur in the six month look back period, it should not affect anything.

                  The trustee does not get this year's return automatically.
                  You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                  Comment


                    #10
                    Well, I agree and hopefully that's what my attorney will say, I'll let you know.
                    Filed CH7 on Aug-06-2009 -- DONE!
                    341 meeting on Oct-01-2009 -- DONE!
                    Discharged on Nov-12-2009 -- DONE!
                    Case Closed on Jun-15-2010 -- DONE!

                    Comment


                      #11
                      I have talked to my attorney and he said that it should not be a problem as "if it does not affect the 6-month average income then we are not misleading the court".

                      When I said that I will probably file an extension to file my individual and business taxes, he said "well, I cannot advise anything on that, you should probably talk to a professional CPA [blah blah blah] but year..." I was usually pretty bad about "reading between the lines" but this time I got (I think)!

                      I guess I will be at peace with this and just file an extension to file taxes somewhere in october or 1-2 months after my case is clased whichever one is sooner...

                      Thanks to everyone!
                      Filed CH7 on Aug-06-2009 -- DONE!
                      341 meeting on Oct-01-2009 -- DONE!
                      Discharged on Nov-12-2009 -- DONE!
                      Case Closed on Jun-15-2010 -- DONE!

                      Comment

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