[MomWontGiveUp]

Is it possible for someone to delay filing taxes for over a year so that it's excluded from consideration in their bankruptcy pleadings?

There've been a number of other things that I felt were suspicious, but then again - perhaps this is all "normal" when preparing for bankruptcy.

Things like:

O Transferring title to property to a family member in exchange for a secured "loan"

O Not declaring all personal property (not that it's MUCH, but there was not full disclosure)

But what about someone who intentionally waits to file their taxes - knowing they're going to file for bankruptcy in the upcoming year?

Example: Delay filing 2009 taxes because 2010 will be spent staging/setting up bankruptcy (quit paying all creditors, etc.) BK is filed in October/November 2010 and discharged in February/March 2011. Finally, 2009 taxes are filed in either 2011 or 2012 - well after BK discharge.

Do Trustees really not care when they suspect someone of lying during the Creditors Meeting? Am I that naïve??

[DownUnder]

If you do not disclose everything in bankruptcy it may wind up being "dismissed" instead of being "discharged" If there is fraud involved that is a serious crime and "staging /setting up for bankruptcy" may land you in the slammer! You must report everything and I think at the meeting of creditors you are sworn under oath and you are asked about your income taxes. Hopefully our debt and bk expert can better answer your question

[MomWontGiveUp]

DownUnder - thank you. That's what I would think - that the Creditors Meeting would require full disclosure.

I have a copy of the audio file of my ex's BK (needed to compare questions for my own debtors exam I was giving him). You can hear (without seeing) that ex is lying.

Ex took a "loan" out on his car by transferring title to his family. They signed a promissory note and gave ex $ for the "loan." Family still holds title on the auto and ex doesn't pay on the loan. It was listed in the discharge.

The Trustee was suspicious of this transaction. However, I'm now seeing some things surface that suggest that past due tax years were filed AFTER discharge. That just doesn't seem ethical to me.

[twinkiedooter]

You should have brought these inconsistencies up to the trustee prior to any discharge of the bankruptcy proceedings. Now since everything has been discharged it is too late. And it's not unethical - it's ILLEGAL to hide assets like he has. The bankruptcy filing paperwork goes back at least 6 months prior to the date of the filing. If he "hid" the car prior to the 6 months cutoff time frame he just might have gotten away with it.

Next time, speak up before it's too late. You could contact the trustee and inquire if it's too late now to "dismiss" instead of discharge his bankruptcy. If he was suspicious of that transaction, possibly you may just have a shot at this.