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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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in the middle of a divorce in ohio my husband filed bankruptcy

Customer Question

in the middle of a divorce in ohio my husband filed bankruptcy but didnt put down all of his checking and savings accounts also did not list his 401k that he is paying back. his creditors meeting was April 17th and he filed his taxes on march 13th when his petition was filed march 7th,he got a refund on march 19th of almost $2000. And he didn't have his tax returns at the meeting,what do you think?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.

cfortunato :

Hi JACustomer,

cfortunato :

Were you at the 341 Creditors Meeting?

Customer:

no my bankruptcy attornry was

cfortunato :

The fact that he omitted the 401K is not a big deal, because 401K's are exempt (protected) from the Bankruptcy estate.

cfortunato :

So even if it was listed, the Bankruptcy trustee could not take it.

cfortunato :

Additionally, if he filed his 2011 tax return after he filed his Bankruptcy, he did not have to submit a copy of the 2011 return.

Customer:

ok on that just thought of it

cfortunato :

Only returns that were filed or had to be filed before the Bankruptcy is filed have to be submitted to the Bankruptcy trustee.

cfortunato :

Since the 2011 return was due on April 17 this year, he did not have to submit it if it was not yet filed, and if he filed the Bankruptcy before April 17.

Customer:

funny how he did it 5 days after the petition was done

Customer:

well he came to court with no tax returns

cfortunato :

That was planned.

Customer:

of course it was

cfortunato :

He was supposed to submit the tax returns to the Bankruptcy trustee before the Creditors Meeting.

Customer:

unfortunately he filed married seperately as did i but waiting on his return as we think he did some shady things

cfortunato :

He may have, and that may be the reason he filed the return after he filed the Bankruptcy.

Customer:

well he didnt and my attorney said if he doesnt its not a good thing

cfortunato :

He must submit the returns for 2010 and 2009 or his case will be dismissed.

Customer:

he also has other accounts

cfortunato :

The trustee will give him another few weeks or so to submit them, and if he does not, the trustee will file a motion to dismiss the Bankruptcy.

Customer:

he only turned in one checking account as he has 3 also has been living with someone and hes been moving lots of money around

cfortunato :

The only way the trustee can find out about the other accounts that he did not list is if you tell him.

Customer:

how will i know if he turned in the returns

Customer:

my attorney knows about the accounts he is working on that now

Customer:

he asked for a ROS to proceed with our divorce yesterday

Customer:

after i told him i knew about his large return

cfortunato :

You will know if he did not submit the returns if the trustee dismisses the case. If the case is not dismissed, you will know that he submitted the returns.

Customer:

how long do they give him

cfortunato :

Were those returns filed?

Customer:

2010 and 2009? yes

Customer:

I have them

cfortunato :



cfortunato :

Does he have copies?

Customer:

nope

Customer:

he has a shady attorney from the get go

cfortunato :

Then he has to get copies from the IRS. The trustee will give him enough time to get them from the IRS.

Customer:

this was all planned my divorce attorney has been waiting till he filed now that the stay is going to be lifted he will have to get his interrogatories

cfortunato :

Is there anything else I can help you with?

Customer:

I was told not to contact the trustee he tried to put me on as co-debtor on our house and i wasnt thats why i hired a bankruptcy attorney to protect me

Customer:

thank you

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you

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