declaration re: no tax filing

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Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Talk to the Trustee off the record. Is she/he checking a box or does
he/she really want a long explanation and why. The Trustee may thing
that the debtor did not earn enough money to file or was on social
security and not required to file.
If the Trustee is not cooperative, I would just write a plain,
uninformative statement under penalty of perjury simply stating what is
obvious, when the client last filed and that the client is planning on
filing any un-filed taxes in the future. Hopefully, the Trustee will
drop the issue.
Nancy B. Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
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Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Debtor hasn't filed fed. taxes since 1998. I told her to start w/ 2007
in preparation for chap. 7 341 mtg. Debtor just finished them the day
before mtg. and return is being mailed to IRS (e-filing wasn't an
option apparently). Either the tax return or declaration were due 7
days prior, I realize, but we missed that deadline. Debtor brought
signed 2007 return to 341, but trustee still wants the declaration
explaining why taxes haven't been filed asap. Debtor says IRS is aware
she hasn't been filing, but I'm worried about the possibly
incriminating nature of this declaration. Any suggestions on how to
handle this?

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