Am I required to file my 2010 return before filing chapter 7?

[tonyk81]

I am getting everything together to file a chapter 7 bankruptcy in St. George UT. It is a no asset case. Do I need to get everything together and my 2010 return filed, before my bankruptcy would be discharged?

[HHM]

Most likely. It really depends on local practice. Note, if you expect a tax refund, (unless you can exempt the refund), you will WANT to file your tax return prior to filing, get the refund, and spend it for your benefit before filing. Otherwise (barring an exemption for it), the BK trustee will take the refund.

[tcreegan]

Hi tonyk,

Technically the 2010 return needs to be in the hands of the trustee at least 7 days before the 341 creditors meeting. But as HMH mentioned, local practice may vary, estimated returns or 2009 returns might be OK w/ your trustee.

Good luck with your BK!

Tom in Colo

ps: HMH has the golden rule to save your golden tax refund: get it in and get it spent. Utah doesn't seem to have a place to exempt tax refunds, check w/ your BK attorney on legit ways to spend it.