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I need to file Chapter 7 bankruptcy soon, but I didn't report income under the table on my tax return last year.

Santa Ana, CA |

My husband was paid under the table for the last year and didn't report it on the tax return. Now I am filing a Chapter 7 bankruptcy with him. I'm supposed to give my attorney the tax return, who in turn will give it to the trustee. Is it possible that I might get caught? What should I do?

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Attorney answers 6

Posted

Tell you Attorney the trusty and follow his or her advise!

Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800

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Posted

Tell your bankruptcy attorney.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

Posted

I agree that you should talk to your bankruptcy attorney. He/she will advise you as to the appropriate action.

By posting on this site or answering/responding to questions does not create an attorney-client relationship and is intended to be an opinion only. My opinion is not intended to be a guarantee or promise of any outcome or result in your matter.

Posted

Honesty is the best policy, especially in a proceeding where you are signing under penalty of perjury that the information you provide is true and correct.

Posted

Yes you could get caught.... and failure to provide accurate information is fraud upon the BK court which, if discovered, will blow up your BK as you are making a false representation as to your income and assets, under penalties of perjury. I suggest you be cautious in your decision.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.

Posted

I agree with all the responses that advise you to tell your bankruptcy attorney. You should also seek tax advice to determine how to fix the tax issue. An amended return disclosing the income will likely result in an obligation to pay taxes and maybe penalties, but after getting all your other debt discharged in the bankruptcy, you may have sufficient cash flow to make payments to the IRS and Franchise Tax Board. Better than being "caught".

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