Can I file bankruptcy even though I did not file a tax return for 2007?

Question

Will my debts be wiped out if I file a bankruptcy even though I did not file taxes for 2007? I need to file soon to end a garnishment and I'd rather not try and get taxes taken care of for that year first.

Morgan Ziegler · Answer

The unfiled tax return may complicate a bankruptcy filing, but it may still be possible to file a bankruptcy case to stop the garnishment.

Michael O'Leary · Answer

A Chapter 7 filing will stop the garnishment, as long as it is not for child support or alimony, but the resulting Discharge will not eliminate your liability for the taxes due for the unfiled year of 2007. If you file a Chapter 13, your case will not be confirmed unless the 2007 tax returns are filed.

Michael McFarland · Answer

You can probably file, but will still have to do your 2007 taxes before you can complete the bankruptcy. If you have a refund coming, that will probably go to the trustee and if you owe money, it will probably still be owing after the bankruptcy. Unless it's extremely complicated, you should try to get your returns filed before the bankruptcy even if you don't send any payment just to help the bankruptcy go more smoothly.

William Rhymer · Answer

The short answer is usually yes. You just would not be able to  discharge  the taxes for that year.

Steven Meyer · Answer

You should file your tax returns for 2007 and every other year too, if you have not already done so.  You can file for bankruptcy, but the bankruptcy trustee may require you to complete your tax returns before ending your bankruptcy case.   You should definitely contact an attorney who is experienced in handling bankruptcy matters.

Rex K. Daines · Answer

Yes, having that return filed will not prohibit you from filing a chapter 7 bankruptcy and stopping the garnishment.

Marc Stern · Answer

You can file but there will be questions as to the dischargeability of the taxes.

Deborah F. Bowinski · Answer

You can file, but any taxes that you owe for that year will not be discharged.  Your trustee may require that you prepare and file the missing tax return within a fixed period of time. Any refund that you might be entitled to receive for that year will be taken by your trustee.

Stuart Nachbar · Answer

In NJ, the tax return must be filed, even if not paid.

Spencer M Couch · Answer

Yes, you can file a bankruptcy even though you have not filed your 2007 tax returns, and the filing will stop any garnishments. However, as part of the bankruptcy, the trustee will likely require you to complete your unfiled taxes. In the event that a refund is due to the debtor, the bankruptcy estate would be entitled to the entire refund, but in your case, any refund would have already been forfeit due to the lateness of your filing.   However, although you can stop garnishments and discharge your debts, your tax liability for the year you did not file your taxes will not be discharged in the bankruptcy.

Dorothy Bunce · Answer

You can file a bankruptcy without having filed a 2007 tax return, but don't expect to be eligible to eliminate any of your tax debt for this year.

Daniel Winter · Answer

Yes you can.  However, if you owed money to the IRS for that year, you won't be able to eliminate it in bankruptcy. Even if you file that year's return now, you won't be able to eliminate that debt. But, if you need to stop a garnishment, call a bankruptcy lawyer now to get the case filed.  This is not something that is easy to do yourself.  There are many requirements to file a bankruptcy case.  The sooner you set up an appointment the better. Many attorneys, such as myself, offer free first consultations.

Marjorie Guymon · Answer

You can file bankruptcy now, but you will need to file your 2007 return shortly after filing bankruptcy. You may want to review your return before filing you determine the tax liability as it may make a difference when you file and what type bankruptcy you elect to file.

Kenneth Parker · Answer

You can file but if you owe taxes for 2007, those taxes would not be dischargeable.

Daniel Garner · Answer

Yes, you can definitely file bankruptcy before filing your 2007 tax return, but any taxes you might owe from that year would not be discharged. You should list IRS and the state(s) where you worked in 2007 (if the state had an income tax that year) as potential creditors so they will get notice of your bankruptcy. Then you should make a point of filing any required tax returns within 3 months of filing your bankruptcy, to avoid any chance that the taxing authorities might object to your bankruptcy. You do not have to pay any taxes owed before your case is closed, but you do have to file the returns.

Christopher Kane · Answer

If you don't file the 2007 tax returns you will still be able to file a bankruptcy and discharge debts.  However, if you owe money for the 2007 tax year that debt will not be discharged.  And be aware the the bankruptcy trustee might require you to file those taxes and will give you a deadline.

Giovanni Orantes · Answer

You can file and file the return early during the chapter 7 case.

Alexzander Adams · Answer

You can file. You are required to provide to the trustee your most recently filed tax return (2012). The trustee as part of your case may compel you to file, although it is unlikely.

Alan Ramos · Answer

Generally, I require my clients to see a tax attorney to determine the extent of their tax liabilities and, in virtually every case, file their returns prior to filing a petition.  You don't want to file a bankruptcy petition before you know the extent of your liabilities.

John Brennan · Answer

See a bankruptcy attorney, your unfiled taxes will have to be filed and addressed in the bankruptcy.

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