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Mr Zimmerman was helpful and kind and prompt . He always answers his phone and that is refreshing . I will be using him for my bankruptcy in the future. He is one of the good ones . He is an outstanding attorney who truley care . He made ev...
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Mr. Zimmermann is a fantastic bankruptcy attorney who handled my case with care, efficiency and urgency. We were able to beat a judgement against me in the nick of time, and I truly feel a sense of relief due to the services of Mr. Zimmerma...
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This Lawyer will go above and beyond for you. As well as show tremendous empathy for those who are vulnerable and scared. His compassion to help civilian's shows through his actions and with his word. When he says he is going to call he cal...
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I’ve worked with Mr.Zimmerman on two different legal issues. In both instances he was fantastic! He is extremely knowledgeable and compassionate and able to breakdown a course of action into language anyone can understand. I would highly re...
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I highly recommend Mr. Zimmermann as an attorny. I recently purchased an investment property and boy was he helpful. He was easily available, very clear in explaining various concepts, laws and regulations, and provided very helpful tips o...
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- posted: Mar. 27, 2026
Just because someone has serious debt problems, it does not mean that they can avoid other pressing financial matters. This includes filing federal and state tax returns, or obtaining an extension, by the annual April deadline. Failing to do so not only exposes an individual to IRS penalties, but also could lead to the dismissal of their bankruptcy proceeding.
Under 11 U.S.C. § 1325(a)(9), someone who is seeking Chapter 13 bankruptcy protection must have filed all applicable federal, state and local tax returns for the previous four years. Failure to meet that requirement gives the IRS—or any party in interest—a statutory basis to object to plan confirmation. If you have submitted the required information, but don’t have the records handy, you can obtain a transcript if a question is raised by the bankruptcy trustee or a creditor. On the other hand, if some returns are missing, you should work with your lawyer on rectifying the situation as soon as possible.
A Bankruptcy Court case out of the Western District of Tennessee addressed the question of whether Section 1325(a)(9) is satisfied when a Chapter 13 filer has sent in tax returns that were rejected for some reason. In re Ava Brown Chase involved a woman who originally had not sent in tax returns for the years 2021 through 2023. The case ran long enough so that the 2024 return came due as well. Ms. Chase did prepare the necessary documents and transmitted them, but the IRS did not accept the returns due to deficiencies in the information provided.
As the proof of claim entered by the IRS asserted that the deficient returns should not be considered as filed under Section 1325(a)(9), the trustee objected to Ms. Chase’s Chapter 13 repayment plan. However, the court disagreed, applying the so-called “physical delivery” rule to hold that the returns were submitted for bankruptcy purposes. The decision also notes that the proposed plan addressed the entire amount Ms. Chase owed to the IRS, so she did not gain an advantage from the unprocessed tax return.
Speaking with a knowledgeable attorney as soon as you start considering bankruptcy as a debt relief solution can help you understand the complex rules that apply to your case. Proper documentation and timely action can make the difference between confirmation and an objection that derails a plan.
The Law Offices of James C. Zimmermann advises New Jersey residents on a full range of bankruptcy issues, including Chapter 13 filings. For a free initial consultation, please call 973-764-1633 or contact us online. Our five North Jersey offices are in Vernon, Wayne, Pompton Lakes, Hackensack and Nutley.
