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cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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What are the criteria for including IRS unpaid taxes (returns

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What are the criteria for including IRS unpaid taxes (returns filed over five years ago) when filing bankruptcy?

Second question:

Assuming IRS debt CAN be cleared in bankruptcy, how far back will the court ask me to produce income information? Please save yourself time by answering only with respect to income, not assets.

Thank you.

cortrightlaw : The bankruptcy trustee will require you to provide tax returns for the last two years and income for the last 6 months in a chapter 7 and up to a year in a chapter 13.
cortrightlaw : As to the criteria as long as the taxes are over 3 years old they can be discharged.

Is this six months written in stone, or might an individual trustee as for more and would I be obligated to produce it? I have a very unusual situation, and can only consider this if I cannot be forced to produce more than six months. Briefly, all my income for the past five years has been tax-free, so I have not filed any returns (whether I should have or not is a different issue and does not need to be addressed here). However, it is imperative that I know for certain that they cannot ask beyond six months back.


Thank you.


Also, I guess I can't engage you, if I need you, due to JustAnswer's rules?

cortrightlaw : They can ask for a longer period of time, once you submit yourself to the jurisdiction of the bankruptcy court and trustee you are opening up yourself to a deaper investigation of your assets and income. A chapter 13 is safer in that regard compared to a 7 as a 13 can be dismissed as a matter of right as long as fraud is not an issue.
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