Expert: Mark J. Markus- California Bankruptcy Attorney - 1/21/2008

Question
Hello,
I am looking to file a chapter 7 BK on my own. I have not filed tax returns for the last 3 years. From my understanding I only need to show the last 6 months income for the means test. Is it going to cause me any problems not to have the returns filed at this point. I need an accountant to get everything figured out for me but do not have the resources to do so at this time. Also, do you know of any online company that would assist me in my filing documents for a low fee since I am not experienced with this at all. Thanks for any help you can offer me.

Answer
You should have your returns filed, but in my opinion, it is not required.  You are required to submit your most recently filed return to the Trustee in your case, and some of them interpret the Code as requiring this to mean the return from the prior year.  If you don't have your returns filed (or at least completed), however, it may be difficult for you to properly complete the information on the bankruptcy forms (tax refunds anticipated, gross income for prior years, etc.).