Lawyer filed today....confused..

[Gixermeup]

First of all, the lawyer filed incorrectly as a chapter 13. This was in the talks previously but I decided to file chapter 7. The paperwork said chapter 13 and I even reminded him about it and he even noted chapter 7. He claims when he filed, the computer didn't save the switch over and it went through as a 13.
Fine. This might actually help, give me time to complete past do taxes.

I need to confirm with the IRS but it seems like I last filed 2012 taxes. How does this work in chapter 7? I give them 2012 and 2011 taxes? Stupidity I know. Then I have to complete all taxes by the 341 meeting? I suspect this is going to throw huge red flags, but I had no idea. It was "I'll do them later" kinda thing. I am probably the only person in America whos in this predicament....

The lawyer did send me an email apologizing and said he won't do anything until he hears back.....

[justbroke]

You must provide tax filings for the last two years, and you must be up to date for the last taxes due. That means that all taxes for Tax Years 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, and 2021 must be filed. I think they usually want that before the 341 meeting because the Trustee (and the federal government) wants to know your tax liability so they can deal with the taxes appropriately.

The tax filing requirement is regardless of filing a Chapter 7, 9, 11 or 13.

[MotherJugs]

I'm in WA. Per the Western District of WASHINGTON Bankruptcy Court; a list of documents to provide to the trustee which I've pasted below. Now, aside from this official list, the only thing I've found online is that you provide (at most) two years of tax returns. Chapter 13 they ask for four years.

Chapter 7 debtors are required to provide COPIES of the following documents (or a written statement that the documentation does not exist or is not in your possession) to the trustee at least 7 days prior to the first date set for the § 341 meeting of creditors.

1. Your Federal income tax return for the most recent tax year ending immediately before the filing of your bankruptcy petition and for which a Federal income tax return was filed, including any attachments, or a transcript of the tax return.

2. Statements for each of your checking, savings and investment accounts, including money market accounts, mutual funds and brokerage accounts for the time period that includes the date of the filing of the petition.

3. Payment advices or other evidence of payment (i.e., pay stubs and/or earnings statements) received from an employer within 60 days before the filing of your bankruptcy petition.

4. An original signed declaration attached to the front of the documents listed above. The declaration attached to this notice contains the required language. If you have a joint case, both debtors must sign the declaration. Notice: If you fail to provide these documents to the trustee at least 7 days before your § 341 meeting of creditors, your case may be DISMISSED. Additional Documentation: The trustee may request that you provide additional documents, depending upon your case.

Locate your district's BK court; there should be something similar. Good luck.

[flashoflight]

If taxes are owed from unfiled or late filed taxes, those are often permanently non-dischargeable and you may want to do the 13 anyway to resolve all of the back taxes if you can afford to pay them over 60 months.

[Gixermeup]

You must provide tax filings for the last two years, and you must be up to date for the last taxes due. That means that all taxes for Tax Years 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, and 2021 must be filed. I think they usually want that before the 341 meeting because the Trustee (and the federal government) wants to know your tax liability so they can deal with the taxes appropriately.

The tax filing requirement is regardless of filing a Chapter 7, 9, 11 or 13.

My concern is that my last two tax returns, estimate 2011,2012, to be frank I lied my butt of with deductions. I made 40k and made it so I didn't pay any taxes. So I'm wondering if the trustee is going to flag and audit this? I'm wondering if its better to proceed or get all my taxes up to date and then refile a new case so I can use 2020 2021 tax returns?? I know my old returns from 2011,12 are useless and the trustee would ask for new returns anyway, I also don't want to give the trustee any ideas.

This all seems like a big master plan but it wasn't. Just pure stupidity.

[justbroke]

My concern is that my last two tax returns, estimate 2011,2012, to be frank I lied my butt of with deductions. I made 40k and made it so I didn't pay any taxes.

There are no special bankruptcy flags at the IRS other than a insolvency/bankruptcy flag. It doesn't encourage an audit or put your IRS tax account in the spotlight. It does transfer your account's handling to a department that specializes in bankruptcy/insolvency (a/k/a the insolvency department). This is primarily to avoid violating the stay. The IRS is subject to the stay.

So I'm wondering if the trustee is going to flag and audit this?

The Chapter 13 Trustee doesn't audit taxes.

I'm wondering if its better to proceed or get all my taxes up to date and then refile a new case so I can use 2020 2021 tax returns??

If you want to file a 1040-X for those years win which the deductions were... overestimated/guestimated, then you may want to file such an amendment.

I know my old returns from 2011,12 are useless and the trustee would ask for new returns anyway, I also don't want to give the trustee any ideas.

The trustee must ensure that you filed all tax returns which came due prior to filing.

This all seems like a big master plan but it wasn't. Just pure stupidity.