Attorney Failed to Submit Tax Return (Help!)

[Attie2]

Last month my attorney office called me regarding the failure to submit the 2018 tax return to the trustee. I went into panic mode as I know it was submitted to the attorney office. On the same day as the phone call I ran across town to supply my attorney with another copy. I also still had the fax sheet and receipt for when it had been sent to their office. At no point during the entire year did the Trustee notify me/attorney something was still missing. Nor did his assistant continue to remind me they needed the tax return. (Previous years she'd call every other day for it). Once it had been faxed, she never called again so I assumed it had been properly received and filed.

The assistant checked their fax machine and said it had never been pulled off the machine? Assured me we had time and sent over my tax return to the trustee.

I now have a Notice of Hearing to Dismiss anyway!!! I think the assistant screwed up big time!! I will be calling my attorney on Monday, but I am quite upset! I want to know if my Chapter 13 is dismissed due the my attorney's office negligence. Do I have any recourse against them? I only have about a year to go in my case and believe me...with everything I've been through...this is just not acceptable at this point.

[justbroke]

I know it seems frustrating but it's literally nothing to panic about. Once the Trustee has the 2018 Tax Return in hand they will withdraw the Motion to dismiss.

There is no recourse against anyone because this is just procedural. The Chapter 13 Trustee's office usually sends an annual reminder letter directly to the debtor. The Trustee doesn't need to send that letter and the debtor's attorney need not remind the debtor as it's the debtor's responsibility. The procedure is that should the debtor not send in the annual tax return by April, then the Trustee will typically file a Motion to Dismiss. They will not call anyone or remind anyone. It's simply procedural.

I would say that about 50% of the Motion to Dismiss papers, submitted by a Chapter 13 Trustee, are withdrawn very quickly. I think of the Motion to Dismiss as no different than a landlord's 3-Day Notice to Vacate when you miss your rent after 3 days. You pay before it becomes a hearing and it's like nothing ever happened.

[Attie2]

That’s just it?! The attorney office had it now twice and hasn’t submitted it! They claim they did, but the motion is going forward?!

I don’t understand? I have done everything I am supposed to do!

[womanonfire]

Proof that if you want something done right, do it your damn self!

[Attie2]

Yes, there is the letter and a copy of taxes. I did it for 2018 and the attorney never filed them with the trustee. This is the second motion to dismiss hearing? 🤬🤬🤬

[justbroke]

Yes, there is the letter and a copy of taxes. I did it for 2018 and the attorney never filed them with the trustee. This is the second motion to dismiss hearing? 🤬🤬🤬

There's some miscommunication going on. You can send the copy of the tax return to the Trustee yourself, if you're not trusting the attorney to do so. Chapter 13 Trustees usually have a website. Go to that website and find their mailing address. I would redact my SSNs from the copy and then mail the Trustee a copy.

Also the Trustee may not withdraw the motion until the day of the hearing where they will do so orally. This happened to me as well, a motion to dismiss for failure to send copy of tax return to the Trustee. I did attend the hearing and it was a waste of my time since the Trustee orally withdrew the motion. But, I had to attend since I was self-represented.

Is the Motion to Dismiss only for the failure to provide a copy of the tax return?

[flashoflight]

I seriously doubt there is negligence on part of your attorney. Submitting tax returns to the trustee is usually a DIY task for the debtor, just like making the plan payment and paying your tax refund to the trustee (if required by your plan). Your lawyer should get a copy as well but you need to be the one to turn it in to the trustee via the website. I don't suggest fax if you can avoid it. I agree it seems like some miscommunications happened. Send in the tax return to the trustee and have your attorney communicate with the trustee to get rid of the motion to dismiss.

[Attie2]

I have sent them through my attorney now for several years. Never through a website? I have no instructions how to submit it via a website?

[Attie2]

There's some miscommunication going on. You can send the copy of the tax return to the Trustee yourself, if you're not trusting the attorney to do so. Chapter 13 Trustees usually have a website. Go to that website and find their mailing address. I would redact my SSNs from the copy and then mail the Trustee a copy.

Also the Trustee may not withdraw the motion until the day of the hearing where they will do so orally. This happened to me as well, a motion to dismiss for failure to send copy of tax return to the Trustee. I did attend the hearing and it was a waste of my time since the Trustee orally withdrew the motion. But, I had to attend since I was self-represented.

Is the Motion to Dismiss only for the failure to provide a copy of the tax return?

Yes it is just over a copy of the tax return.

[sophieanne]

@Attie - you could try contacting your trustee's office and asking for an address or website where you can send them. (Just a suggestion)