chap 7, perm/total disabled- did not file 1040, what do I do?

[anykey]

there is no transcript- because I did not file 2010, 2011, 2012. However I did in 2009. I am not sure how to proceed.

??

[AngelinaCat]

I don't know what to say about not having filed income tax returns. It is my understanding that even if you do not owe any taxes, you should have filed returns anyway. The same for the state income tax.

However, for the Social Security Disability, you can go to the Social Security website, http://www.ssa.gov/, and set up a 'My Social Security Account, if you have not already done so. Once that is done, you can go to your Disability payment history, and print that out.

If your disability payment comes as a deposit to your bank account, then you can go to the bank or credit union, and get those statements. If your disability payment is to a pre-paid debit card, then you will have to set up your 'My Social Security' in order to get your payment history. A neighbor of ours is on disability, gets his funds sent to the pre-paid debit card, and this is what we had to help him with.

If you do have any paperwork that SS may have sent you for those years that you did not file tax returns, get those together and have them handy as well. You will need to document your income history.

[dina13]

I don't think there is anything wrong with not filing income taxes if your income was low (under $600 I think), or if you had no income. Concerning documentation, I also think that you should collect proof such as bank statements, SSI letters and statements, etc., and let the trustee know that you did not file income taxes, so this is your only financial info.

[LadyInTheRed]

If you didn't earn enough income to require a return, just tell the trustee. He will then tell you what to provide as evidence of your income.

[Pjmax]

SS provides 1099's every year, (I get them, I filed my 1040's anyway, even though I didn't have to.) I would think you should have 1099's for SSI as well. Any available documents should be on the SS website, follow AngelinaCat's suggestions.

[anykey]

I do in fact have the 1099s. Do I need 3 years or 4?

[AngelinaCat]

That will likely depend on your local district. When 'Hub and I went in to meet with our attorney, she asked for two years of tax returns. Since your are filing pro se, you might be required to give more.

If you haven't yet found this website by legalconsumer, it might give you some help:

http://www.legalconsumer.com/bankruptcy/bankruptcy-court.php?ST=PA&FIPS=42097&FEDCT=PAM

[anykey]

i think i have it figure out- thanks all~!

[LadyInTheRed]

i think i have it figure out- thanks all~!

Please share. It will help others who have the same question.

For the info of anyone reading this thread, anyone who makes less than $11,200 is not required to file a federal tax return unless they had taxes withheld or get other credits and need to claim a refund. You can determine whether you need to file a return at http://apps.irs.gov/app/ita/app/inve...nceName=global.

The requirement to provide tax returns to the trustee is under 11 USC § 521(e)(2)(A) which says:

(A) The debtor shall provide—
(i) not later than 7 days before the date first set for the first meeting of creditors, to the trustee a copy of the Federal income tax return required under applicable law (or at the election of the debtor, a transcript of such return) for the most recent tax year ending immediately before the commencement of the case and for which a Federal income tax return was filed;

The bold text is my emphasis. If the law does not require you to file a return, then you are not required to file a return just so you can provide a copy to the trustee. But, the trustee will probably require other documents, like your SS payment history and bank statements, to make sure you aren't hiding income.

[bcohen]

I filed BK this April, and I only had a 2012 tax return, because I did not work in 2011, and did not have taxable income that year. My trustee asked about it, and I responded that I did not have any taxable income in 2011, and therefore was not legally obligated to file a tax return, and that was the end of the matter.

[anykey]

I am so paying for this week and my relentless quest to finally file the around 100 papers to clear the title on my house. I sent it in and now I am worried like hell I did something wrong! I have been sick in bed for over 1.5 day over this. Maybe I should have let it alone. Lets hope God is watching over me in every way. A small prayer for my health would be appreciated. I simply can not afford $2000 to go bankrupt. You seen my post. I by things 2nd hand. I never go to concerts- I am a tightwad and everyone know it. I am tho lucky the lights, water, gas, is on. MY brain has short circuited. I had these episodes for many years from an industrial accident. There is one authority higher then the courts, and that is God. This will drag on for months- I am losing friends over it too. If those friends knew the real walk in life I have been thru and am going thru- then I doubt they would have left. It is in Gods hands now. ~R


PS- as you can see I been plotting this since 2009 when I joined this site. I have read 4 books and the subject and got a lot of help on this list. I am slaking like a leaf and might throw up right now.

[Pjmax]

I'm sorry, I understand how difficult this is for you. If you've lost friends over all this, they probably weren't worth your friendship anyway. You also have new friends here. I think if anything about your filing was not right, you will know soon enough. Take it one day at a time.

[tobee43]

anykey, there is no reason to do this alone. many many atty's do pro bono work. when we had our 341 our atty's firm had at least 5 other clients there. ALL pro bono. i would call you local legal aid office and see if you can get someone to help you. i know you read up on it all, however, it's always best to have a second and sometimes a third pair of eyes helping out. so if something get's returned or refused by the courts it's not to late to get an atty. for free.

[anykey]

So now I wait. Legal aid in this area does not handle bankrucy- they are there for PFAs.

[AngelinaCat]

In our area, Legal Aid is 60 miles away, and it is a 6 month wait for an opportunity to talk to someone for a few minutes on the telephone....