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Old 02-03-2013, 07:20 PM
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Bankruptcy

I filed chapter 7 bankruptcy in 2012 and my debts were discharged - Vehicle and credit cards. I'm waiting to hear back from my tax attorney. I haven't received any 1099's (1099-A or 1099-C). Some people are saying you don't have to do anything and you don't have to report it unless you get one of those 1099's. Others say you have to fill out a Form 982 either way. I'm trying to figure this out. Also I was just told by a tax guy that these forms are due on January 31st which I already know. The problem is that he said because of certain things that are going on most places always send them out but they are getting sent out late around mid February into March. So basically I have to call all the creditors and find out if I'm getting one or not. Because if I am then evidently I can't file my return which is otherwise ready to go. I told him what if I file my return at the end of February and then the next day a 1099 or two shows up. He said then I would have to file an amended return and I might get letter and a bill from the IRS asking why I didn't report it because the IRS will also get a copy of the 1099's. I'm frustrated because I should have to call all the stupid creditors to find out if there sending one. Oh ya and the guy said the form 982 doesn't apply to me.


Last edited by MrJ71 : 02-03-2013 at 08:15 PM.


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Old 02-04-2013, 07:23 AM
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“I told him what if I file my return at the end of February and then the next day a 1099 or two shows up. He said then I would have to file an amended return and I might get letter and a bill from the IRS asking why I didn't report it because the IRS will also get a copy of the 1099's.”======>You should go ahead and file the amended return and add the 1099c. The irs wil charge penalties and interest on what you owe. This can add up quickly. You can make arrangements with them.I f you do not receive a 1099-C in one year, then there is a possiblity that the company issuing the 1099-C could report it in the next year. all taxpayers request a copy of their transcript so that they report everything. Irrelatively,In a case where you receive the 1099-C but the company does not send it to the IRS, you are still legally bound to report the debt discharge.I guess this is legal issue and need to get professional help from an tax attorney .



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