c13 tax return and motion to dismiss

[prhodes30]

I received a motion to dismiss for not turning in tax returns. I live in GA.
Can someone please give me insight on this? Will I get dismissed? What will happen?

[LadyInTheRed]

If you don't do anything, your case will get dismissed. Call your attorney right away! Then get copies of your tax returns in the mail to the trustee. If the trustee does not withdraw the motion to dismiss after receiving your returns, then hopefully your attorney can convince the judge that your case should not be dismissed.

[justbroke]

As LITR writes, your case is going to be dismissed unless you submit your tax returns! You were required to have served at least 2 years of tax returns to the Trustee PRIOR to the 341 Meeting. It is a requirement of bankruptcy for the Trustee and Court to insure that all tax returns which are due (even those for which you may have filed an extension) have actually been filed with the taxing authority (IRS). This is to allow the bankruptcy Trustee to get a total view of your liabilities, especially government taxes.

Just comply.

If you cannot comply, then you need to speak with your attorney about providing the Trustee with a 4506-T (permission for the Trustee to obtain a "transcript" from the IRS), or actually completing the required tax returns.

For some reason, I get the feeling that you know that you didn't comply simply because you didn't write something like "I gave them to my attorney" or "I already mailed them". If it is true that you already sent them in, then get on your attorney's case! I would also immediately mail them to the Trustee directly, with a cover letter. If you are refusing to comply, then your case will likely be dismissed (unless the Trustee objects to dismissal and the Trustee wants to still liquidate your bankruptcy Estate).

[LadyInTheRed]

JB's post raises a question, are you pre-confirmation and these are the returns you are supposed to submit before your 341, or are you post confirmation and required to submit copies of your returns to the trustee every year? Not that it makes much difference. Your course of action is the same either way.

[AngelinaCat]

Don't forget to submit returns for Georgia as well...

[TooMuchCredit]

JB's post raises a question, are you pre-confirmation and these are the returns you are supposed to submit before your 341, or are you post confirmation and required to submit copies of your returns to the trustee every year? Not that it makes much difference. Your course of action is the same either way.

I'm in Georgia, and it did not mention in my confirmation that I was to send in tax returns each year. I got a letter 2 years in from the trustee requesting my Federal return, regardless of if I was receiving a refund or not. I believe this district used to intercept refunds from the IRS but that practice was disallowed. I think this was their alternate solution and why I wasn't notified until 2 years in. It could be that the returns were also to check for increases in income.

They only wanted Federal returns and refunds, but not Georgia. That may vary by district/trustee/case.

Of course, the thing to do is to get the copies and get them to the trustee and/or attorney ASAP.