[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.fight13.com\/what-unfiled-tax-returns-mean-for-chapter-13-bankruptcy-debtors#BlogPosting","mainEntityOfPage":"https:\/\/www.fight13.com\/what-unfiled-tax-returns-mean-for-chapter-13-bankruptcy-debtors","headline":"What Unfiled Tax Returns Mean For Chapter 13 Bankruptcy Debtors","name":"What Unfiled Tax Returns Mean For Chapter 13 Bankruptcy Debtors","description":"Prospective clients considering bankruptcy often ask if it is possible to file a Chapter 13 bankruptcy case with outstanding, unfiled tax returns. Filing a bankruptcy case with delinquent tax returns is simply not a good idea since it may cause a Chapter 13 case to be dismissed by the Bankruptcy...","datePublished":"2017-03-29","dateModified":"2026-05-01","author":{"@type":"Person","@id":"https:\/\/www.fight13.com\/attorneys\/matis-h-abarbanel#Person","name":"Matis Abarbanel","url":"https:\/\/www.fight13.com\/attorneys\/matis-h-abarbanel","identifier":55,"image":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2025\/09\/matis-abarbanel_avatar-96x96.png","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2025\/09\/matis-abarbanel_avatar-96x96.png","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Loan Lawyers, LLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/icon-logo.png","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/icon-logo.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/document_calculator.jpg","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/document_calculator.jpg","height":518,"width":800},"url":"https:\/\/www.fight13.com\/what-unfiled-tax-returns-mean-for-chapter-13-bankruptcy-debtors","about":["Bankruptcy"],"wordCount":552,"keywords":["bankruptcy"],"articleBody":"Prospective clients considering bankruptcy often ask if it is possible to file a Chapter 13 bankruptcy case with outstanding, unfiled tax returns. Filing a bankruptcy case with delinquent tax returns is simply not a good idea since it may cause a Chapter 13 case to be dismissed by the Bankruptcy Court. Why waste your money by paying legal, filing, and credit counseling fees if your case will ultimately be dismissed?Bankruptcy trustees in all types of bankruptcy cases verify a debtors\u2019 income by reviewing their tax returns. This occurs in all cases, whether filed under Chapter 7, 11, 12, or 13. When tax returns are not filed for a particular year, the IRS estimates a taxpayer\u2019s tax debt and assesses it accordingly when filing a proof of claim in a debtor\u2019s case. If the plan were confirmed using the IRS estimates, plan payments would be excessive and a debtor would overpay the IRS, which is a result that, surprisingly, is not permitted by federal law.Pursuant to 11 U.S.C. \u00a7 1325, a bankruptcy court may only confirm a chapter 13 plan of reorganization if a debtor has filed all applicable Federal, State, and local tax returns as required by \u00a7 1308 of Title 11 (aka the Bankruptcy Code). \u00a7 1308 requires that Chapter 13 debtors have tax returns filed for all taxable periods ending during the 4-year period ending on the date of the filing of a bankruptcy case. These returns must all be filed before the meeting of creditors, which typically occurs four to six weeks after the initial filing of a bankruptcy petition.Under Local Bankruptcy Rule 1017-2 of the Southern District of Florida, a court may dismiss a voluntary case under any chapter without further notice or hearing for failure by the debtor to file required documents. A debtor must clearly indicate to a trustee if tax returns were not required to be filed because of insufficient income.\u00a7 521(j) provides a taxing authority with the ability to request dismissal or conversion of the case for a debtor\u2019s failure to file a tax return that becomes due post-petition, i.e., after the commencement of the case. A trustee may, but is not required to, request the filing of post-petition tax returns under \u00a7 521(f). The trustee is also not required to report the non-filing of post-petition tax returns to the United States Trustee.To schedule a free consultation at any of our three conveniently located offices, contact Loan Lawyers today by calling 954-523-HELP (4357) and speak with our Fort Lauderdale bankruptcy attorneys.About the AuthorLatest PostsMatis AbarbanelMatis Abarbanel is the founding partner and senior attorney at Loan Lawyers in South Florida. He focuses his practice on consumer rights, helping homeowners navigate issues such as foreclosure and financial hardship. Matis also brings a wealth of experience from his previous work in personal injury law. As a devout Chasidic Jew, he is committed to making a positive impact in his community and dedicates his efforts to charitable initiatives through his non-profit organization, The Center, which aids at-risk Jewish youth. Matis actively serves clients across South Florida and is passionate about empowering individuals to secure their rights and achieve a better future.When Foreclosure Errors by Lenders Lead to Legal Remedies for Homeowners in Fort LauderdaleWhat Homeowners Can Do When Loan Documents Contain Forged or Altered SignaturesUnderstanding Florida\u2019s Debt Forgiveness Programs and IRS Rules"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"What Unfiled Tax Returns Mean For Chapter 13 Bankruptcy Debtors","item":"https:\/\/www.fight13.com\/what-unfiled-tax-returns-mean-for-chapter-13-bankruptcy-debtors#breadcrumbitem"}]}]