Do I have to file all my back taxes before I file bankruptcy?
Yes. You cannot discharge your taxes if you have not filed them and waited the appropriate amount of time. Also, it is a crime not to file your taxes. Most importantly, if you have not filed your taxes, your bankruptcy case can be dismissed.
The bankruptcy trustee in a chapter 7 bankruptcy may be able to take any refund you are owed. This could be prevented in many cases by having done your taxes before you file. In a chapter 13 bankruptcy there is no way to figure your payment plan until we know what you owe in back taxes. Finally, your case will be dismissed if you have not proven that you have filed all of your tax returns and provided proof of that to the bankruptcy trustee.

