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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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I am contemplating filing Chapter 13 to postpone a trustee

Resolved Question:

I am contemplating filing Chapter 13 to postpone a trustee sale on my home. The problem is that I am behind on filing my taxes. How long do I have from the date of filing the Chapter 13 do I have to have all my past taxes filed?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 5 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. The bk rules require that you have had to have filed your most recent tax return when you file your BK Chapter 13 petition. further, a copy of the return MUST be attached to the petition when it is filed. So even if you owe money, so long as the return is filed, that will suffice. Further, if you file the petiton without a copy of your return, the clerk's office will send to a you a notice of a deficient filing and give you ten days to make the corrections by sending a copy of the return. Likewise, if you do not, the case will be dismissed.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Otherwise I do not get paid anything at all. BONUS and POSITIVE FEEDBACK are also appreciated An Accept also assures that I can assist you again. I wish you the best in your future.

Customer: replied 5 years ago.
Thank you for your answer, I will accept your answer and be adding a bonus. I do, however, have a follow up question.

I did not anticipate filing chapter 13, I was anticipating a loan modification. Last month I took out a $3900 loan on a paid off vehicle. Will that disallow me from the bankruptcy or create issues?
Expert:  dylatess replied 5 years ago.
No the car is now a secured creditor. As such, you cannot discharge this debt as they hold your car as collateral. And if you did file a chapter 13, your plan would include provisions to continue paying on this debt. Thanks in Advance for your accept. Best regards XXXXX XXXXX am glad  to help.  Please be so kind as to click the GREEN accept button as I do not get paid for my assistance unless you accept.   A bonus and and positive feedback are also appreciated.  An ACCEPT also assures that I can assist you again.  I wish you the best in the future.  Thanks.
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