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  1. #1

    Default Forgot to Provide Tax Returns to Trustee

    My question involves bankruptcy in the state of: Arizona

    I am a little embarrassed as well as a little worried about something... I was going through my Chapter 13 paperwork the other day and noticed where it said that I was to provide my tax return info to my trustee. But I have not since filing 3 years ago! I havent even pulled the paper work out since I filed, but I have made all of my payments to the plan on time since...but the tax returns were completely my own lack of paying attention to what the paperwork said. I have not heard a peep from the trustee about them and I have tried to get in contact with him, but to no avail. What kind of trouble am I in?

    Thank you, Tom

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Forgot to Provide Tax Returns to Trustee

    If you've made all of your payments and have heard nothing from the trustee, probably no trouble at all. Send 'em in.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Forgot to Provide Tax Returns to Trustee

    LOL, I would take the other response. Silence is golden. Return? Oh, you don't have it? I can send you another copy if you need it.

  4. #4
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Forgot to Provide Tax Returns to Trustee

    You are in AZ. Trustee will pick up on the problem at some point and will send you a letter before filing a Motion to Dismiss. If you were required to send the tax returns (as opposed to also turning over any refunds), pull your paperwork, find the correspondence address for the Trustee and send them in now so you do not have to worry about the consequences.

    Des.

  5. #5

    Default Re: Forgot to Provide Tax Returns to Trustee

    Thank you...I have attempted to contact my trustee, but they do not seem to want to send a reply to my emails or to return my phone messages. Its the same thing with my lawyer..I about ready to just drive down there and start pounding on their door! I also have been considering taking a loan off of my 401k to pay off the darn thing, if I can. I took out a 401k loan a few years ago which I just recently paid off...I will still owe the money, but if I need to do that (another 401k loan) again I am sure it will be for a lesser amount than I had before and the payments will be lower + I will be paying myself back. The thing is I just need to get the payoff amount from my trustee or lawyer..ugh! I have my paper work and it lists an amount that I will be paying through the plan to its end, and I have deducted the amount that I have already paid over the last three years...but..is that figure the 100% total or the 80% total listed in my paper work? I was above median BTW...anyway thanks for your time..

  6. #6
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Forgot to Provide Tax Returns to Trustee

    You are an above median income filer. Unless you pay 100% of all allowed claims you are not getting out in less than 60 months. If your Confirmed Plan pays less than 100% of all allowed claims it makes little sense to pay more. If you really want to get out early by paying 100% of all allowed claims you must request, in writing, a payoff statement from your Trustee.

    As to your Trustee, he/she has a physical address for mail. Instead of trying to get a response via email just send the tax returns. You could even scan the returns in and email them if that is more to your liking. Before you send the returns make sure you redact (black out) Social Security numbers, including that of any children/dependents. Also redact the names of any minor child.

    As to your attny, if the attny is not returning your calls, yes, park yourself at his/her office until you get your questions answered.

    Des.

  7. #7

    Default Re: Forgot to Provide Tax Returns to Trustee

    Well I have no problem paying off 100% of what I owe....meaning that I have always paid what I have owed and earned what I have received in my life...(having to file for BR was a huge blow to my belief in doing just that) at the time it was necessary though, and I regret not planning better to avoid it. I had made some unwise choices financially and then the economy got worse and my income got less..I just couldn't keep up. For the past three years I have been working a lot of 17hr shifts 3 times or more a week just to keep up and also insure that I had met my obligations under the BR plan..the whole 401k idea to me just seems like an easier way of meeting my debt obligations because they raised my payment from $310.00 per month to $1195.00 per month with the conclusion of the 401k loan I had before. If I pay what I owe that way, my payment would be less a month and easier to pay..I don't know...it was just an idea really, just an option I am looking into..but thank you for your input and advise.

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