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Can the IRS come after my Social Security Income if I apply for it after a Chp. 7 discharge of 2006 income tax debt?

Oakland, CA |

I have a 2006 $50,000 income tax liability after the colaspe of the Real Estate Market. I would like to file for a Chp.7 bankruptcy discharge. After discharge, I would like to file for Social Security Income - I'm 63 years old and no longer own property.

Attorney Answers 3


  1. The key is discharge, if the bankruptcy court determines that the debt is dischargeable and it is discharged then they will not be able to pursue you for the debt in the future. Currently we are discharging IRS debts for tax year 2006 and earlier, one key requirement is that the taxes had to have been filed in the appropriate year, then if three years have passed they are eligible to be discharged.

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    Legal Information is Not Legal Advice
    My answer provides information about the law based on the limited information provided in the questions asked and is not intended to be legal advice. The law differs in each jurisdiction and may be interpreted or applied differently depending on the location or situation. I highly recommend that you consult with an attorney to discuss the specific details of your situation so you can get legal advice tailored to your specific circumstances. The information in my answer is for educational and information purposes only, and is not legal advice or legal opinions. The answer provided to the question asked does not constitute a lawyer-client relationship.


  2. If the 2006 liability is the only outstanding tax debt you have, then once it is discharged in bankruptcy, it is gone. There is no reason for the IRS to come after you for anything because you would no longer owe aything. You should be able to discharge your 2006 liability if you filed on time (April 15 of 2007). You should make sure that the IRS hasn't filed a tax lien against you. If they haven't, then you should file as soon as possible.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.


  3. If you filed the returns on time, 2007, 2008 and 2009 tax years are not dischargeable. The rule is taxes are not subject to discharge if the return was due in the last 3 years, the return was filed in the last 2 years, the tax was assessed in the last 240 days, the return was never filed, or you committed fraud. If the tax is discharged, the IRS cannot come after any more. If not, then all benefits are subject to seizure up to specified limits. You can usually work out a payment plan to resolve this issue, though.

    [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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