will pending tax returns, effect/delay 6 month look back?

[nick2424]

Hello,

Fantastic site! Excellent source of information.

Question please concering "6 month look back", if anyone has any insight:

I will be forwardng my completed Chapter 13 Filing Docs to my attorney this afternoon, and used "Jan - June" as my "6 month look-back" period, and am still working to complete my past due tax returns.

I am concerned that the delay in me completing my past due tax returns will effect (or move forward) my effective 6 month look back period. (meaning, do you think I will I be required to use the 6 month period, counting backwards from the month my tax return's finally get completed?
(example.... march-aug, if tax returns dont get finished until august?)

My attorney has indicated that he can file my chapter 13 without my completed tax returns, but that doesnt appear to coincide with what I am reading.

Any input would be greatly appreciated!
Thank you very much.
Nick

[SMinGA]

Not sure if he can file without the tax returns completed. Has he given you a time frame for completing them, with saying he can file the plan anyhow?

The 6 month look back is based on when you file. So Jan-June gets used if your case is filed in July. I imagine filing the case is always possible, even if things are missing, but the trustee/BK court may give you a limited amount of time to get those things in - or you risk dismissal. Plus if you're going to owe taxes they will need to be accounted for in your plan, and if you are due a refund then you'll need to either exempt it or make sure your plan pays enough to cover non-exempt assets.

[nick2424]

THANK YOU so much!

Good Morning SMinGA,

Thank you so much for your prompt response.
I am VERY apprecative of your time & exchange of information.

Enjoy your Thursday!
Nick