Chapt 7 deadline, taxes, expenses

[desertoasis]

I am trying to get everything together to file chap 7 pro se by the deadline and have a couple questions (I'm in NM)

#1. Will they still accept the application for installments and take payments for the filing fee?

#2. We have some tax issues.. 2000 is filed and assessed with penalties and interest(CANNOT be discharged tho)over $5k
2001, cannot find anything at all on that year..nothing..should I call IRS or just leave it out..(I MAY have filed but for sure did not pay).
2002, I have the software and the paperwork for that year so I can file before the BK petition. I sent $150 with the extension. (Have not worked since Dec. 2002)
None of this IRS debt qualifies for discharge...so will a trustee take this debt into account also? As far a future expenses? I'm hoping for an offer in compromise to IRS with monthly payments.

#3. We have only an income of a little over $800 a month with expenses exceeding that by quite a bit. We have a mortgage on our home with only about $20K equity. Car is paid off but fits into the exemption amount also. Will they question how we have been surviving? (It's been through the generosity of family but that's not gonna last much longer.


Thanks for any info as I hope to get it all done and filed by Oct.14...to beat the deadline.

[Pinktiger]

You should call the U.S. Clerk in your district to find out if your case will be accepted. I'm sure they will have to take it.
As for taxes, you can get free and fair and impartial (and safe) advice by contacting the IRS. You can call them free and talk to a caseworker who will help you through the morass of dealing with your late filings. I have contacted the IRS before, and I was thrilled to find out that the people were nice, friendly, nonjudgemental and very interested in helping me deal with my issues.
And best of all, it is free.
Good luck!

Go to www.IRS.Gov also, for free online information.
Here's a link from their site that might interest you:

http://www.irs.gov/businesses/small/article/0,,id=122721,00.html

And here's another online resource, Uncle Fed's Tax Board:

http://www.unclefed.com/

[hhou812hh]

I am trying to get everything together to file chap 7 pro se by the deadline and have a couple questions (I'm in NM)

#1. Will they still accept the application for installments and take payments for the filing fee?

#2. We have some tax issues.. 2000 is filed and assessed with penalties and interest(CANNOT be discharged tho)over $5k
2001, cannot find anything at all on that year..nothing..should I call IRS or just leave it out..(I MAY have filed but for sure did not pay).
2002, I have the software and the paperwork for that year so I can file before the BK petition. I sent $150 with the extension. (Have not worked since Dec. 2002)
None of this IRS debt qualifies for discharge...so will a trustee take this debt into account also? As far a future expenses? I'm hoping for an offer in compromise to IRS with monthly payments.

#3. We have only an income of a little over $800 a month with expenses exceeding that by quite a bit. We have a mortgage on our home with only about $20K equity. Car is paid off but fits into the exemption amount also. Will they question how we have been surviving? (It's been through the generosity of family but that's not gonna last much longer.


Thanks for any info as I hope to get it all done and filed by Oct.14...to beat the deadline.

I think you have 90 days from the date of filing to complete the payment of the filing fees. You may want to call and check this out.

If you call the IRS you can request tax transcripts for recent years. No offence, but it seems strange that you didn't remember filing your taxes. I will assume that you have health issues since then. No need to explain yourself to me, I'm not being nosey just surprised that you don't remember filing a return.

I know under the new law you must have filed all of your returns in order to file bk. Not sure though about current law.

Good luck!

[desertoasis]

Thanks guys,
I will call IRS..was afraid to draw attention to our mess, but guess it's the way to go.

And, yes it is health issues that got us here, my husband had a brain aneurysm and it's been a rough road. Lucky he's even here. I let everything build up until I got a notice and then I filed the 2000 a few months ago. Just absolutely don't know what happened to the 2001..there's no paper at all, 1099's, notices, NOTHING. I really think I filed..but I just can't find anything! 2002 is all here. (Maybe MY brain is a little damaged too?)
So do you think the trustee looks at this kind of debt as future expenses?

Glad to hear they will still do the installments too.

Oh, and I forgot to ask..my husband just got one of those "hoveround" chairs,
it cost over $6000.00 but medicare and medicaid paid for it. How would I list this in our property? Thanks again...I'm sooo nervous about all of this!

[desertoasis]

still wondering..

Still wondering how to claim/list this chair for my husband. Any ideas?
Since we didn't pay anything would it still be considered our asset?
Thanks.

[StaciMM]

Is there any category in the exemptions for medical equipment?