Can u file bankruptcy if you have not yet filed taxes for the current year and 2007?

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Can u file bankruptcy if you have not yet filed taxes for the current year and 2007?

Asked on June 8, 2009 under Bankruptcy Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Probably, although they might prevent you from using a Chapter 13 wage-earner plan.  However, you will have to complete and file those two returns, and you will have to put the information about the unpaid taxes into the bankruptcy case.  Federal income taxes can't be discharged in bankruptcy, and they have to be paid before anyone else.  If you don't file, and don't talk about the taxes, you'll have a double problem, because at some point, you will be asked under oath if you have unpaid taxes and you'd then be lying under oath if you said no, and the other part of it is that after the bankruptcy was done, the IRS would still come after you.  It probably makes the most sense to use whatever assets you do have to pay the taxes first, within the bankruptcy!

I'd strongly advise talking to a bankruptcy lawyer in your area about this, before you file, because the unique facts of your case may make a difference here.  One place to find an attorney is our website, http://attorneypages.com


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