What do I do about having my bankruptcy case closed? 12 Answers as of July 18, 2016

My trustee will not reply to my e-mails and phone calls. He filed a motion against me saying he never received my 2015 taxes and nor did I had to hire a lawyer to respond to the motion. My tax return was stolen before either of us has seen it. I filed bankruptcy in 2014. This has been a nightmare. All my paper works are turned in.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Ronald K. Nims LLC | Ronald K. Nims
You can get a transcript of your tax return from the IRS. File Form 4605-T and ask for a return transcript. Email the trustee a copy when you receive it. It takes about a week to 10 days. Let the trustee know that you've filed the 4605-T. Things work best with trustees when you communicate with them. You also need to file a response to the motion. Your case could be dismissed without a discharge if you don't respond to the motion.
Answer Applies to: Ohio
Replied: 7/18/2016
Law Office of Christian F. Paul
Law Office of Christian F. Paul | Christian F. Paul
If you did not respond to the motion, the court may grant whatever relief the trustee requested. You don't have enough detail in your question to tell what the trustee was requesting, whether the motion has already been heard and ruled on, etc. I would suggest you consult a local bankruptcy lawyer to see if he or she can review the file and advise you whether you have a remedy for this. Waiting will not be a good idea. If you filed tax returns in 2015 but don't have copies, you should be able to obtain them from the IRS. If that's all the trustee needs, maybe you can right the ship and get a discharge. Good luck.
Answer Applies to: California
Replied: 7/5/2016
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
Just ask for a copy of your taxes from the irs and re submit it.
Answer Applies to: New York
Replied: 6/30/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
There is a difference between the tax paperwork and any tax refund. It is not clear from your post whether your problem is with the paperwork or the money. The paperwork is easy to replace, the money is more of a problem. About all you can do is explain to the judge your efforts to cooperate with the trustee and let the judge decide.
Answer Applies to: Nevada
Replied: 6/29/2016
Patrick W. Currin, Attorney at Law | Patrick Currin
Your case is likely dismissed. Should have hired a lawyer.
Answer Applies to: California
Replied: 6/29/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Must go to the IRS and ask for a copy of your tax return if it was stolen. If it was not filed, you must get it filed and provide a copy to the trustee. If you do not do so your case will be dismissed and you will not receive your discharge.
    Answer Applies to: Nevada
    Replied: 6/29/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can get a copy from the IRS or you can generate a new return. If you had it done by someone they can give a copy. You are required to turn over the last tax return that was prepared.
    Answer Applies to: California
    Replied: 6/29/2016
    Stephens Gourley & Bywater | David A. Stephens
    You will need to get a copy of your 2015 income tax return and get it to the trustee to get your discharge and the case close.
    Answer Applies to: Nevada
    Replied: 6/29/2016
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    You should have hired the attorney he would have already solved the problem and would not have had nightmares.
    Answer Applies to: Michigan
    Replied: 6/29/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    You might reconstruct your 2015 income tax return and file it with the truthful explanation of why it is late. And send a copy to the trustee. Your account of what happened does not sound very credible. But regardless, strange things happen, but you will have to file the return. A good lawyer is almost always worth the investment.
    Answer Applies to: Wisconsin
    Replied: 6/29/2016
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    You may want to call the U.S. Trustee's Office and ask for some guidance. They may be reluctant to give you any "legal advice." Unfortunately, you may have to consult with an attorney. You have two choices. Try re-opening the other case, or filing a new Chapter 7. Good luck!
    Answer Applies to: Colorado
    Replied: 6/29/2016
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney