Jump to navigation Jump to content

Do I Have to File Taxes to File Bankruptcy?


Blog Category:
4/26/2012
Morgan R. Teague, Esq.
Comments (0)
Do I have to file taxes in order to file for bankruptcy?
That answer depends on a few things. First, are you required to file taxes? If you income is at an amount where you are not required to file taxes, then not filing taxes is not an issue. If however, your income requires that you file taxes and you just fail to do so then we have to look at what Chapter of bankruptcy you are looking to file.
If you are filing a Chapter 7 then trustee wants your most recently filed taxes. If for example you file bankruptcy in December, 2011 the trustee will want a copy of your 2010 taxes upon filing (or the last you filed). Depending on your expected 2011 refund, they may want a copy of those once they are filed to determine whether the refund or a portion of the refund is owed to the bankruptcy estate. If they do request these taxes, then yes they can require you to file your taxes. Failure to cooperate with the trustee can result in denial or revocation of your discharge so if the trustee asks for documentation, provide it!
If you are filing a Chapter 13, the trustee wants a copy of your most recently filed taxes. However, there is also a requirement in Chapter 13’s that you have to have filed the past 4 years of taxes (if income required you to do so). Both Missouri Department of Revenue and Chapter 13 trustee can file motions or objections in your bankruptcy case until these are completed. If you still fail to file the required taxes, it can lead to dismissal of your case.


Category: Bankruptcy


There are no comments.

Post a comment

Post a Comment to "Do I Have to File Taxes to File Bankruptcy?"

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Name:*

Email:* (will not be published)

Message:*

Notify me of follow-up comments via email.

For Current Clients



Our Locations

St. Charles Office

1861 Sherman Drive
St Charles, MO 63303
Phone: 636-916-5400

At Hwy 94 and Hwy 70.

Get Directions | See Detail

St. Louis Office

3470 Hampton Ave, Suite 101
St. Louis, MO 63109
Phone: 314-353-0834

Close to the corner of Hampton Ave and Chippewa. By appointment only.

Get Directions | See Detail

South & Jefferson County office

7321 S. Lindbergh Ave., Suite 222
St. Louis, MO 63125
Phone: 636-916-5400

Across the South County Mall.

Get Directions | See Detail

Florissant Office (North County)

1281 Graham Rd, Suite 300
Florissant, MO 63031
Phone: 314-921-1880

At North Hanley and Hwy 270.

Get Directions | See Detail

Belleville Office (St. Clair county)

2 Park Place Professional Centre
Belleville, Illinois 62226
Phone: 618-977-9560

On Hwy 159, next to Schnucks.

Get Directions

Granite City Office (Madison County)

3600 Nameoki Rd, Suite 201
Granite City, IL 62040
Phone: 618-977-9560

Across Shop'n Save, by appointment only.

Get Directions | See Detail

Follow Us On