Bankruptcy & Taxes

Is it true that befoe you can file a ch. 7 or ch. 13 you must first be current and have filed all previous year's income taxes? - Is this your question? Add additional information
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Answers (2)

Ronald Anthony Sarno

Ronald Anthony Sarno

Contributor Level 9
You do not have to be current; you cannot discharge unpaid taxes in a BR petition.You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful.
(Even if you are not filing a lawsuit this information can be useful).


You might find my legal guide on commercial litigation helpful.
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LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.
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Glen Edward Ashman

Glen Edward Ashman

Contributor Level 6
The Chapter 13 trustees in Atlanta will challenge any Chapter 13 where a person has not filed all their tax returns. There is actually no way to draw up a case without it, because you would lack numbers that are required to do the schedules.

The Chapter 7 trustees will mostly focus on the most recent return, but again there is no way to complete the schedules without tax information.

I know of no competent bankruptcy lawyer that would touch a case until all the tax returns had been done.
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