Don’t Let Unfiled Tax Returns Cause Your Bankruptcy Dismissal

07 Jul Don’t Let Unfiled Tax Returns Cause Your Bankruptcy Dismissal

Bankruptcy rules require you to have federal and state tax returns filed for the past four years. A Kansas judge recently dismissed a debtor’s chapter 13 bankruptcy case when it was discovered her 2002 tax return had not been filed, even though she got the missing tax return filed about six weeks later.

Don’t let that happen to you! Dismissal of your bankruptcy case could be disastrous.

Take your tax returns for the past four years to your bankruptcy attorney. To prove that you have filed your returns with the Internal Revenue Service, you may order free transcripts by phone, which will be mailed to you in 5 to 15 days. See instructions next page.

You may obtain free IRS transcripts by following these instructions on your touch-tone phone:

Call 1-800-829-1040
Press 3 for all other automated services
Enter your Social Security number
Press 1 to confirm your number
Press 1
Press 3
Enter the Number in your street address
Press 2
Enter the year of the tax return
Press 1 if correct
Press 1 if correct
Press 3 to end

To request a federal tax transcript by mail, use Form 4506T. You can ask the IRS to mail the transcripts to your bankruptcy attorney using this form.

Contact your state taxing authority to get proof of filing of state tax return.

In re Lynda C. McCluney, 06-21175-13, Bankr. Kan. June 22, 2007.

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Jill Michaux has helped Kansas consumers with debt problems for three decades. She and her partner, Mark Neis, are Topeka's only bankruptcy specialists, board certified in consumer bankruptcy law by the American Board of Certification. She help start the National Association of Consumer Bankruptcy Attorneys.
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