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Tax Return Due by 2/15 IRS FORM Not Available

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    Tax Return Due by 2/15 IRS FORM Not Available

    My tax returns are due to the trustee by 2/15, no exceptions. There is a form I need but the IRS has not finalized the form and it will not be ready until 3/14. I called my lawyer's office who said I had to call the trustee. The trustee's office said if not to him by 2/15 he will reverse my Discharge. What am I suppose to? Any advice is appreciated. Thanks

    #2
    Maybe you can write up and affidavit, get it notarized and see what happens from there ! My case is Discharged too but the Trustee thinks I have assets, I'll be owing the Feds $4000 which I was going to pay off but now I'll just let the Trustee see I don't have any money ! He can forget any refund from the State too, since I'll owe about $200. What a smuck, I had a feeling he might be waiting for my tax return(s) .. NOT. I haven't gotten any letter from him requesting to see my taxes though ! ? ? ? Or whatever asset he is looking for ? ? ?

    Best of Luck, Catchmeifyoucan

    Did you make a copy of your taxes when you filed? Can you provide THAT copy to the Trustee ?
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

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      #3
      Originally posted by nitramtsr View Post
      My tax returns are due to the trustee by 2/15, no exceptions. There is a form I need but the IRS has not finalized the form and it will not be ready until 3/14. I called my lawyer's office who said I had to call the trustee. The trustee's office said if not to him by 2/15 he will reverse my Discharge. What am I suppose to? Any advice is appreciated. Thanks
      Basically your trustee is giving you two weeks to file your 2006 taxes. Companies don't even have to mail out the 2006 tax figures until Jan 31. Our Ch 13 trustee is giving us until May 1 to get our tax forms in. I wonder why your lawyer didn't call the trustee but made you do it? Also wonder why your trustee is forcing you to complete your taxes a full two months before the government requires them to be filed?

      If the trustee's office refuses to listen to reason, could you call the district bankruptcy judge directly to discuss this? Also could the IRS help you by confirming the missing form in a letter you could present to the trustee and the court?

      If there's really nothing else to do, I suppose as ridiculous as it seems, you could send your trustee all your completed tax forms except the missing one. Othewise, I'm out of ideas. Hopefully someone else will chime in here with better ideas about how to deal with such an unreasonable trustee demand.
      Last edited by lrprn; 02-13-2007, 08:16 PM.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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