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Federal Tax Return and possible case dismissal?

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  • Federal Tax Return and possible case dismissal?

    I have just learned something that is rather scary. If you fail to provide your tax return to the UST prior to the 341, that could be grounds for your case being dismissed. I filed my return after filing, so I would have it done before the 341. What I didn't know and my atty office didn't tell was the trustee had to have it prior to the meeting. I actually had a copy with me, but my atty waved it away. They never filed it with my paperwork, and the trustee didn't insist.

    Can they get still file this with the other documents have been filed? No way do I want my case dismissed, because I wasn't concealing anything or wanting to be noncompliant with the Court.

    I might add also that I found out other info about the atty that has shaken my confidence. (thanks to PACER) . This can be fixed, right?

    Shouldn't I just get this to him and let him worry about it? If anyone knows, thanks.

  • #2
    My understanding is you need to give them the most recent one you have filed. If they had wanted this years they would have asked for it (I think) and I think it is the Chapter 7 trustee, not the US trustee who is most interested in your tax return to see if there is a refund that could be divied up among your creditors. I think you need to revisit what you think you have learned.

    Now if the trustee asked for it and your attorney didn't submit it then that could be a problem. But if you had your 341 and the trustee didn't ask for it you are probably ok.

    Good luck.


    • #3
      If the panel trustee wants to see your tax return, he may ask you for it. I'm with daylate, if it wasn't brought up at the 341, it probably isn't an issue. Because you filed before April 15, 2011, the 2009 tax return paperwork may have been enough to satisfy the bk court requirement, since technically, 2010's wasn't filed late at that point.
      Filed pro se, made it through the 341, discharged, Closed!!!


      • #4
        It was brought up at the 341. The trustee scolded my attorney. (it's not like he isn't familiar with procedure.). He didn't want a continuation of the mtg, probably.
        I was concerned, because I didn't want to look like I was noncomplant Thankfully, no one asked, but really it should be in with everything else that was filed.
        Was just concerned that one of the nasty creditors could raise an objection and point to that, because there is about 40-45 days left before the case is closed.
        I was kind of ticked, because to me, it is not rocket science. There is a rule and you follow it, unless you can't for a very good reason. I knew to file my tax return, but I didn't know about this other thing until after the fact . One of those cases when you don't know enough to ask. If I would have known, they would have had it and then I wouldn't worry.


        • #5
          Hi Fiona, welcome to the forum.

          Welcome also to the world of those of us who have been ticked at our attorneys. My 'Hub and I actually tried to get ours fired, she was that incompetent. It's a long story, but after all was said and done, we made it through successfully to the world of Discharged and Closed.

          Good luck to you
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."


          • #6
            daylate and free2....that's exactly what happened with us. we actually were never even asked.

            i just had mentioned this in another thread, and since i'm having some problems getting about the forum i can't locate hhm's thread about oct is the month the trustee's seem to begin to ask more about tax returns.

            for us, we did in fact receive a large refund and were advised by our atty to immediately spend it...i was SCARED to death, but did, and also just in case kept all records if we were asked by the trustee. we were NOT asked one question at the 341 with respect to the return. so, i believe it's there is a great chance the subject will not be brought up again by the trustee.

            best of luck!
            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


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