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    #1

    Did I mess up?

    My wife and I have our hearing on Tuesday. We had received notice in the mail telling us that we needed to:

    --Send our last years' tax returns to the trustee 7 days prior to the hearing
    --Have proof of our Social Security #

    Unfortunately, I did not send our tax return, although I did give it to our attorney several weeks ago; and I don't have a copy of my SS card. I do have a passport and a drivers license...and maybe I can find my birth certificate.

    Is it possble that either of these items could put our case in jeopardy? What should I do?

    Thanks
    Tags: hearing, mistake, social security, tax returns
    #2
    You need to find something "official" with your SSN on it. Most Trustees will take a paystub which bears your SSN. You can also use any "letter" from the IRS or the Social Security Administration to prove your SSN.

    A passport or driver's license is sufficient for proving identity (but not SSN).

    Your lawyer should have sent your tax returns in. You may want to bring a copy of them with you just in case. If you fail to have your SSN, they'll continue your meeting (which means you have to come back another day!).
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment

      #3
      If you go to the SS office closest to you, go in and wait, then wait, then wait some more, then ask for a replacement of your card. You will at least get a reciept that one is coming. They will not print it there. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment

        #4
        Watch Your Lawyer

        /
        Last edited by BKnTX; 09-22-2008, 03:12 PM.

        Comment

          #5
          BKnTX,

          First off, why didn't you walk your tax returns into an IRS office and file them personally and get a stamped copy?

          Second, the IRS will always file an estimated claim based on your gross income without any deductions. This is easily rectified once they do process your returns and they will file an amended claim. I work with the Insolvency department in the IRS, and I have had them file an amended claim the same day I requested it. The trustee will not dismiss your case based on this but will most likely continue the hearing until the taxes get re-assessed.

          Your comments about attorneys is based on your one experience and therefore is very unfair. Although mistakes due happen, and there are incompetent attorneys, for you to make a sweeping condemnation of all BK attorneys is petulant at best.

          I guarantee that you will not help your situation nor motivate others to help you if your attitude with them is anything like you described above. People tend to forget that Trustee's are a business as well, and they make no money by dismissing your case. They get 10% of everything you pay into the plan, so their motivation is to keep you in and paying.

          Good Luck
          Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

          Comment

            #6
            Thanks, JustBroke. I will see if I can find something with my SS#, like a letter from the IRS. Would a tax document do the trick (1099, W2, tax return, etc.)?

            Would it work, as AngelinaCatHub recommended, to go to an IRS office and get a letter showing that a new card is on its way? (I don't see how this would demonstrate my SS #)

            Next question...you mention that my attorney probably sent in my tax returns. But if he didn't, will it be okay for me just to bring them on Tuesday? My concern is the wording of my notice, which says that it MUST be provided to the trustee 7 days before the hearig, i.e. last Tuesday.

            Thanks for your great answers.

            Comment

              #7
              Empire yes a W2 or 1099 could work.

              You would go to the Social Security Office not he IRS office, but that could work, in fact probably better than the W2 or 1099.

              If you want to make sure that there will be no continuance I'd bring copies just in case.
              May 31st, 2007: Petition Filed by my lawyer
              July 2nd, 2007: 341 Meeting Held
              September 4th, 2007: Discharged and Closed.

              Comment

                #8
                .
                Last edited by BKnTX; 09-22-2008, 03:11 PM.

                Comment

                  #9
                  ITA!!

                  Originally posted by BKParalegal View Post

                  Your comments about attorneys is based on your one experience and therefore is very unfair. Although mistakes due happen, and there are incompetent attorneys, for you to make a sweeping condemnation of all BK attorneys is petulant at best.

                  I guarantee that you will not help your situation nor motivate others to help you if your attitude with them is anything like you described above. People tend to forget that Trustee's are a business as well, and they make no money by dismissing your case. They get 10% of everything you pay into the plan, so their motivation is to keep you in and paying.

                  Good Luck

                  Comment

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