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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hello, i filed for bankrupcy ch 13 in 2007 and i just finnished

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Hello, i filed for bankrupcy ch 13 in 2007 and i just finnished making the payments to the trustee. i wrote to my attorney and this was the answer i received from the paralegal:
In your Third Modified Plan you have a provision that states the you will not gamble during the term of the plan. In the event that you gamble during the term of the plan, you will modify your plan to provide payment for 100% of all winnings into the plan, without deduction for any losses, exclusively for distribution to unsecured creditors and for payment of the related Trustee fees. The only way that the trustee is able to see this for herself is by looking at the Tax Returns and that is what she request.
One little detail the trustee left out any mention of turin in income tax returns. it is no where ion the language!
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Customer: replied 5 years ago.

I filed for ch 13 bankruptcy. i finnished paying the plan; i paid for five years, and now the trustee demands that i turn in my 2011 income tax return. there is nowhere in the contract where it says that i have to turn over income tax returns. it does say however, that if i gamble i must turn in all my winnings over to the trustee, but no mention of a 1040. can she dismiss the case if i dont turn over the 1040 from 2011?

Customer: replied 5 years ago.
basically, i filed chapter 13 5 years ago. i finnihed paying the plan, but now the trustee wants my income tax return or she will ask the judge to dissmiss the plan. there is no language in the case filed that says anything about income tax returns having to be turned in every year, or at all for that matter. can she legally ask for dismissal of the case just because i did not file taxes this year, therefore i have no tax return to give her, but she still says that she will dismiss the ch 13 plan if i dont turn over the 2011 tax return. can she be successfull in dismissing the plan after i have paid it in full?
Thank you for your response.

It was not necessary for the request for tax returns to be reflected in the contract, as according to the Bankruptcy Code, the trustee can ask for any tax returns that were filed while a Chapter 13 Bankruptcy is in progress. Bankruptcy Stat. 521(f)(1).
If the trustee asks for a copy of the debtor's tax return, and if the tax return is not provided, the trustee can have the Bankruptcy case dismissed without a discharge.

I think this is what you wanted to know. If not, please let me know. Thank you.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 2 other Bankruptcy Law Specialists are ready to help you

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