Ok...my latest tax return was from 2008 if I plan on

[pompano]

filing within this week would that be ok to bring? I have not filed my 2009 taxes yet, so would they accept the 2008 taxes?

[Exployer1234]

You need to have 2009 taxes as well. The trustee will question why your taxes are not filed. I had to submit 2007, 2008, and 2009. The trustee at first did not see my 2008 and 2009 taxes and started to question why I had not filed taxes since 2007. I said the copies should all be stapled together. He found them and was fine.

I would go ahead and do your taxes.

[keepmine]

Yes, file your taxes ASAP.
If. you have a refund coming that can't be exempted then spend it down prior to filing.

[pompano]

Yes, file your taxes ASAP.
If. you have a refund coming that can't be exempted then spend it down prior to filing.

No refund, I think I will owe about $2000 on capital gains.

[SMinGA]

Check with your attorney. Mine refused to file any case unless all prior years are filed.

[Fresh]

2009 Taxes

I was able to file without a problem. My attorney's only concern was whether I would be getting a refund, which I was not. I had requested an extension to file. My attorney told me that the trustee would likely request that my 2009 taxes be filed within two weeks of the 341 hearing. For the 341, I provided the return that I would submit. Trustee never mentioned the two-week requirement, but I did submit and let my attorney know that I had done so.

All the best to you,

Fresh

[tcreegan]

federal rules tax returns

Hello all,

Federal BK rules require last 2 yrs tax returns in the hands of the trustee at least 2 weeks before the 341 meeting. (and by 1 week for any creditor who requests for tax returns) If you were not required to file taxes, you can document why and submit that (see local bankruptcy rules on how to do that.) I am not sure that an extension from the IRS is enough for "not required to file."

Locally, some trustees want more, some less, and they are the ones who can get your case dismissed for not following the federal rules. But why risk it? Just file and ship the last two years to the trustee.

Tom in Colo