Chapter 7 bankruptcy: The debtor shall ... to the trustee a copy of the Federal income tax return required under applicable law (or at the election of the debtor, a transcript of such return) for the most recent tax year ending immediately before the commencement of the case and for which a Federal income tax return was filed. (Emphasis Added). 11 USC 521(e)(2)(A)(i)
QUESTION 1: We can file with taxes for 2010. PC gave her accountant information for 2011 but they are not done and accountant is not getting back to her. But our Chapter 7 will not get kicked b/c they are not done (2011) only need "most recent tax year ... for which a Federal income tax return was filed." Correct?
I always require 2 years from clients and thought I had it right that you HAD to have 2 years. It's last and latest year that you actually filed.
QUESTION 2: Avvo.com - I answered a question on Avvo re responding to complaint for credit card debt. My position has always been why throw good money after bad defending a collections law suit if you are going to file BK anyway and you are 100% sure of same? Three attorneys advised "you should ABSOLUTELY" file a response even if you know you're going to file BK in order to delay judgment and beat the clock with BK before Judgment. What am I missing? Why would you spend money to beat the judgment that will be on your credit for 7 years when you know you are filing BK that will stay on your credit report for 10 years? I thought this was a no brainer? Am I missing something?
Thank you!
Sandra Maria Nutt, Attorney at Law
5910 Van Nuys Boulevard
Van Nuys, California 91401
Tel: (818) 988-8878
Fax: (818) 988-8339
SandraNutt1234@gmail.com
Web site: SandraNuttAttorneyAtLaw.com
ALU Alumni
http://www.AllThingsALU.com
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