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final paperwork from lawyer/ trustee

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    final paperwork from lawyer/ trustee

    Well after 5 years of BK 13 we are finally going through the discharge proccess which started in November..we did our final class and now we are in waiting mode here in Texas. My question is this, from what I understand we have to sign some finale paperwork and one is tax related..what is it we will be having to sign? Do they go through all our past tax filings? I have a couple concerns. One is we have had raises over the years and from what they said we were allowed 5% increase a year...are they going to check this? or are they checking for refunds...or do they even check anything?
    Thanks

    #2
    Hellloooo can anyone help with my questions...Please!

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      #3
      Standard rule of thumb is if you have ANY increase... report it to your lawyer and he/she will advise you from there if your trustee must be notified. As to the tax issues (assuming you're talking about tax returns & refunds, if any) - on your confirmation order there should've been something stating if you need to give them to the trustee or not. It varies district by district / state by state.

      We are not required to report any increase in income nor are we required to turn in copies of returns / report refunds - YMMV of course.

      Best bet is to call your lawyer and ask your questions / concerns directly to him / her. You definitely dont want your entire Ch. 13 to be dismissed for failure to turn over tax returns.

      Good luck

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        #4
        The only form I am aware of that every Chap 13 debtor has to sign before getting a discharge is a certification regarding domestic support obligations which has nothing to do with taxes: http://www.uscourts.gov/uscourts/Rul...B_283_0410.pdf

        If there is something related to taxes that you have to sign, either it is a local rule or something specific to your case.

        In most cases, nobody goes back and looks at the debtor's financial situation before discharge. The trustee does an audit to make sure distributions to creditors have been made correctly and that the creditors cashed their checks. But, that doesn't mean that the trustee couldn't ask for information on your income before discharge.

        As Pandora points out, increases in your income during your plan should have been reported to your attorney. If your court allows a 5% increase per year and you haven't received increases above that, you shouldn't worry.

        The best way to know what you have to sign is to call your attorney and ask. Or, make an appointment to go sign the documents.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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          #5
          The documents that need to be signed and filed are the Declaration indicating that either you are current with or have not incurred any Domestic Support Obligations and have filed (with the IRS) all applicable tax returns during the time you were in you Chapter 13 case.

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            #6
            My lawyer did not inform me of any additional paperwork which would be required. He just asked that my wife and I sign our certification papers. He goes before the judge at the end of next month.

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