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Can I discharge the 27k I owe from my 2008 taxes through ch 7 bankruptcy even if filed the taxes in sept 2010.

Arlington, TX |

I filed my 2008 tax return in sept 2010. Even though I filed it late, it has still been over 2 years since filed. Can I have this discharged through chapter 7 bankruptcy ?

Attorney Answers 4

  1. Get a bk attorney, there are many other things involved here that one can't tell you about.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: for more information about my services.

  2. Generally speaking, you have satisfied the 3 and 2 rule (at least 3 years since tax was due and at least 2 years since return was filed) in order to discharge income taxes due to the IRS. But, you should talk to a Bankruptcy attorney in your area to see if any exceptions apply to you or if the applicable Court looks down on discharging late filed returns and follows the decision of In Re McCoy.

  3. If you qualify to file chapter 7, the answer is probably yes, since it has been over 3 years since the taxes were due and over 2 years since they were filed.

  4. Probably, but you will "want" and experienced bankrutpcy attorney to review the dischargeability of the tax debt by reviewing the transctipt. There are certain events that may have occured that paused the various timelines. When tax discharge is at stake, you don't want to take any chances.

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