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New Member
posted Jan 24, 2020 10:53:02 AM

If I filed chapter 7 bankruptcy end of 2019, its being discharged in early 2020 how does that affect my return? Should I file now or wait until after the discharge?

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1 Replies
Expert Alumni
Jan 27, 2020 9:07:51 AM

Yes, you continue to file your Form 1040 for 2019.  During the chapter 7 bankruptcy, the debtor (you) continues to file an individual tax return on Form 1040. The bankruptcy trustee files a Form 1041 for the bankruptcy estate.

 

Note, however, that you have an option to split 2019 into two short tax years.  In addition, you must take care to not file income, deductions, and credits that belong to the "bankruptcy estate".  Consult your attorney for advice regarding this "short tax years" election and the items that go on your Form 1040 versus the Form 1041 that the trustee files for the bankruptcy estate.

 

For detailed information, see IRS Publication 908, Bankruptcy Tax Guide.  This TurboTax article on Filing Taxes after Filing for Bankruptcy also provides helpful information.