Crisis ?? -- need input and reassurance that it'll be okay

[Jengo]

Holy Hell, in speaking with my husband, he has yet to file his 2008 and 2009 taxes but can get these filed on an emergency basis through e-file. BUT he doesn't know if he's filed for 2006 and 2007 and can't find them. He called the IRS and trying to get copies of them but they're giving him a hard time and not cooperating. There is a fee to get copies of them which is not a problem but I'm assuming they will be sent through snail mail and we're not going to get them by next week when he needs to file. April 12th is our deadline.

This is our issue. There is a hearing on April 13th by an unsecured creditor attempting to get the automatic stay lifted because I filed for Chp 7 because I was included in on the lawsuit so they can go after him. In their motion they have also requested that the Court order my husband and preventing him from fling for BK on this debt basically turning the unsecured creditor into a secured creditor which is insane. There is no property attached to this debt. But I've never been through this before and don't know what to expect. I have sent an email to his case manager and she has yet to email back. What is the likelihood on April 13th that all of these motions will be approved and ordered by the Court?

Also what to do about the whole IRS deal. I just sent him a message to call them and tell them what ihi intent is and that he intendes to pay in full over the next five years all of his back taxes and to also let them know that this year he may be getting a refund because he's adjusted his with holdings. I'm hoping if he tells them this that they may be a bit more compliant and working with him.

I'm a bit freaked out over the hearing on April 13th and what may happen to him. I know if they get their judgement to lift stay and go after him that they will be able to garnish wages, etc. I'm just terrified that they will get their order barring him from filing for bankruptcy.

[mikemc411]

Can you file something to ask for an extension to the April 13th date? (don't know the legal term.. but don't lawyers push stuff back all the time)

[SMinGA]

He can get tax transcripts for free. The IRS website has a form to be filled out & faxed in. They will come snail mail though.

For the rest, this sounds complicated and best to work with an attorney. I hope you/he are not pro se?

[LadyInTheRed]

Here's the link to the IRS page regarding transcripts. http://www.irs.gov/individuals/artic...110571,00.html

It says to allow 2 weeks for delivery. They just may arrive before April 13, but prepare for the possibility they won't.

[newbie2]

Will your attorney allow the filing if you only have 2008 & 2009 available? (With the assumption that the minute you get the transcripts for the other years that you'll hand deliver them to the office..)

[Jengo]

I've sent an email to the pre bk girl in charge of his case. I've asked her if there is anyway that an extention can be filed but she hasn't told me yet what is going on. She needs to talk with him about the situation.

That's what I'm hoping that he may be able to file on his 2008 and 2009 taxes and then amending and providing the necessary 2006 and 2007 taxes after he files. I'm not sure though as of yet.

Yes, this has gotten a bit complicated. To my understanding, he has all the necessary docs. It's just the IRS is giving him the run around which doesn't surprise me considering he hasn't been filing them and they're rather peeved at him.

Thank GOD, he's not doing this on his own. he does have an attorney that was retained about 2 weeks ago. Well known law firm in the BK arena.

I don't know. I'm a bit unnerved by all this. I hope to get good news form attorney office. I'm hoping that he can still file and then provide the necessary docs at a later time but I guess we'll soon see.

Thank you everyone!!!!

[Jengo]

[LadyInTheRed]

Glad you got good news. I recommend the following margarita recipe:

1 part tequila (preferably 100% agave)
1 part fresh lime juice (preferably key limes, aka Mexican limes especially here in CA, but any lime will do)
1/2 part Contreau or Grand Mariner
1/2 part triple sec
Mix it all together, pour over salt-rimmed margarita glass full of ice and enjoy! Be careful, it's potent. Always a hit!

(You can cut cost by skipping the Countreau or Grand Mariner and making it 1 part triple sec or splurge and skip the triple sec and use one part of one of the others. They're all orange liquor.)