Can u file bankruptcy if you have not yet filed taxes for the current year and 2007?

UPDATED: Jun 8, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 8, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can u file bankruptcy if you have not yet filed taxes for the current year and 2007?

Asked on June 8, 2009 under Bankruptcy Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Probably, although they might prevent you from using a Chapter 13 wage-earner plan.  However, you will have to complete and file those two returns, and you will have to put the information about the unpaid taxes into the bankruptcy case.  Federal income taxes can't be discharged in bankruptcy, and they have to be paid before anyone else.  If you don't file, and don't talk about the taxes, you'll have a double problem, because at some point, you will be asked under oath if you have unpaid taxes and you'd then be lying under oath if you said no, and the other part of it is that after the bankruptcy was done, the IRS would still come after you.  It probably makes the most sense to use whatever assets you do have to pay the taxes first, within the bankruptcy!

I'd strongly advise talking to a bankruptcy lawyer in your area about this, before you file, because the unique facts of your case may make a difference here.  One place to find an attorney is our website,

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption