This Blog deals with the requirement of filing state and federal income tax returns, not whether any taxes are dischargeable.
Chapter 13 tax return filing requirements
In a chapter 13, the debtor is required to have filed any and all state and federal tax returns that were required to have been filed for the four years prior to the bankruptcy filing. The deadline to file all of these returns is the day before the first scheduled Meeting of Creditors, which is approximately 30 days after the bankruptcy filing.
Under the bankruptcy case, if the debtor fails to file the returns within the required time period, the trustee may extend such period, no more than an additional 120 days past the Meeting of Creditors.This period is about 150 days after the bankruptcy filing.However, the debtor may ask the judge for an additional time period, if the reason for not filing the returns were due to circumstances beyond the debtor’s control.
As a practical matter, without a judges approval to extend the filing period, the case will be dismissed at a Confirmation Hearing that is held later than 120 days after the Meeting of Creditor’ hearing.
Please note that if the Federal or state government does not require a debtor to file a return, for whatever reason, the returns, for that year need not be filed.
chapter 7 tax return filing requirements
In general, everyone is required to timely file any and all federal and state tax returns. However, the failure to file a tax return is not grounds for the dismissal of a chapter 7 case.
Please call Attorney Robert Manchel at (866) 503-5655, to discuss your bankruptcy protection questions.