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chap 7, perm/total disabled- did not file 1040, what do I do?

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  • anykey
    replied
    Wave the fee is also accepted- YES. she sounded like she very much wanted to help me. I have to say- it was very helpful to get the personal bankruptcy tool kit- and CD rom- even tho it was not the most recent addition. I bought it off of amazon.

    Of course studying this board helped alot too.

    Leave a comment:


  • AngelinaCat
    replied
    That is great! It's good to get good news for a change.

    Leave a comment:


  • anykey
    replied
    Good news- the court called. My file has been accepted- and a case number granted. She said if anything I submitted too much paper work. I am only missing 1 form which she will send me. She sounded very helpful. '

    I am so excited!!

    Leave a comment:


  • tobee43
    replied
    Originally posted by anykey View Post
    So now I wait. Legal aid in this area does not handle bankrucy- they are there for PFAs.
    i'm sorry, no, you don't actually USE legal aid, you just get a referral from them. they should give you a list that provides names of attys who handle pro bono cases in your area, and if they can't help you then the local bar assoc. can.

    Leave a comment:


  • anykey
    replied
    my credit report did not look too terribly bad. I want to clear it up tho- because when I sell my house- I do not want surprises. Also it will then take 3 years to be able to get a mortgage.

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  • AngelinaCat
    replied
    In our area, Legal Aid is 60 miles away, and it is a 6 month wait for an opportunity to talk to someone for a few minutes on the telephone....

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  • anykey
    replied
    So now I wait. Legal aid in this area does not handle bankrucy- they are there for PFAs.

    Leave a comment:


  • tobee43
    replied
    anykey, there is no reason to do this alone. many many atty's do pro bono work. when we had our 341 our atty's firm had at least 5 other clients there. ALL pro bono. i would call you local legal aid office and see if you can get someone to help you. i know you read up on it all, however, it's always best to have a second and sometimes a third pair of eyes helping out. so if something get's returned or refused by the courts it's not to late to get an atty. for free.

    Leave a comment:


  • Pjmax
    replied
    I'm sorry, I understand how difficult this is for you. If you've lost friends over all this, they probably weren't worth your friendship anyway. You also have new friends here. I think if anything about your filing was not right, you will know soon enough. Take it one day at a time.

    Leave a comment:


  • anykey
    replied
    I am so paying for this week and my relentless quest to finally file the around 100 papers to clear the title on my house. I sent it in and now I am worried like hell I did something wrong! I have been sick in bed for over 1.5 day over this. Maybe I should have let it alone. Lets hope God is watching over me in every way. A small prayer for my health would be appreciated. I simply can not afford $2000 to go bankrupt. You seen my post. I by things 2nd hand. I never go to concerts- I am a tightwad and everyone know it. I am tho lucky the lights, water, gas, is on. MY brain has short circuited. I had these episodes for many years from an industrial accident. There is one authority higher then the courts, and that is God. This will drag on for months- I am losing friends over it too. If those friends knew the real walk in life I have been thru and am going thru- then I doubt they would have left. It is in Gods hands now. ~R


    PS- as you can see I been plotting this since 2009 when I joined this site. I have read 4 books and the subject and got a lot of help on this list. I am slaking like a leaf and might throw up right now.

    Leave a comment:


  • bcohen
    replied
    I filed BK this April, and I only had a 2012 tax return, because I did not work in 2011, and did not have taxable income that year. My trustee asked about it, and I responded that I did not have any taxable income in 2011, and therefore was not legally obligated to file a tax return, and that was the end of the matter.

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  • LadyInTheRed
    replied
    Originally posted by anykey View Post
    i think i have it figure out- thanks all~!
    Please share. It will help others who have the same question.

    For the info of anyone reading this thread, anyone who makes less than $11,200 is not required to file a federal tax return unless they had taxes withheld or get other credits and need to claim a refund. You can determine whether you need to file a return at http://apps.irs.gov/app/ita/app/inve...nceName=global.

    The requirement to provide tax returns to the trustee is under 11 USC § 521(e)(2)(A) which says:

    (A) The debtor shall provide—
    (i) not later than 7 days before the date first set for the first meeting of creditors, to the trustee a copy of the Federal income tax return required under applicable law (or at the election of the debtor, a transcript of such return) for the most recent tax year ending immediately before the commencement of the case and for which a Federal income tax return was filed;
    The bold text is my emphasis. If the law does not require you to file a return, then you are not required to file a return just so you can provide a copy to the trustee. But, the trustee will probably require other documents, like your SS payment history and bank statements, to make sure you aren't hiding income.

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  • anykey
    replied
    i think i have it figure out- thanks all~!

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  • AngelinaCat
    replied
    That will likely depend on your local district. When 'Hub and I went in to meet with our attorney, she asked for two years of tax returns. Since your are filing pro se, you might be required to give more.

    If you haven't yet found this website by legalconsumer, it might give you some help:

    Leave a comment:


  • anykey
    replied
    I do in fact have the 1099s. Do I need 3 years or 4?

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