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Elizabeth, NJ |

I work in New York, live in New Jersey. I want to file Chapter 7 bankruptcy & discharge all debts, including tax debts. There is absolutely no way I can pay all of this debt. My pay is being garnished, I'm always in a financial jam & I'm sick of it. I had problems with the IRS for years. I offered to pay a monthly amount, that wasn't good enough, they wouldn't accept, - they want ALL of my money. This is stopping me from repairing my credit & having financial freedom. I want to wipe my debts out in Chapter 7 bankruptcy, tax debts included. I need an attorney who is an expert at getting debts - especially tax debts - wiped out in Chapter 7 bankruptcy. If you have expertise with discharging tax debts in Chapter 7 bankruptcy & you think you can help me, please respond. Thank you.

Attorney Answers 4


  1. Not all tax debt is dischargeable in a bankruptcy. I'm oversimplifying but, your taxes must be over three years old in order to be underconsideration for being discharged in a bankruptcy. There are futher considerations to determine dischargeability of those tax debts, which you should contact a competent bankruptcy attorney to go over, but the starting point is the three year old time period. Thus, presently your 2009 and prior tax obligations could be discharged.
    You could also file a chapter 13 to pay your newer taxes over time. The benefit to you would be that any post-petition penalties and interest, that would otherwise be owed to the IRS, would be dischargeable in a Chapter 13. Thus, you will pay back the IRS and the State of NJ only what you owe them and save on the penalties and interest that make it difficult if not impossible to pay them back on your own.


  2. I agree with the last post. Not all tax debts can be wiped out in a bankruptcy. Much more information is necessary in order to figure out if your taxes are dischargeable. Feel free to give me a call at 973-313-1200. I have over 30 years of experiencing helping people like you get a bankruptcy fresh start.


  3. I agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


  4. As a business and insolvency attorney familiar with both bankruptcy and tax debt, and having offices in both New Jersey and New York, your financial challenges intrigue me. You should first know that not all tax debt is dischargeable in chapter 7 bankruptcy. In particular, in cases of fraud, willful attempts to evade tax, non-filing or late filing of income tax returns, among other matters, can make tax debt otherwise dischargeable not dischargeable.This is governed by section 523(a) (1) of the bankruptcy code. In addition, withholding , sales and trust-fund taxes are also nondischargeable in chapter 7. Another potential complication is whether federal or state tax liens or levies have been filed or attached to any of your accounts or personal property. I invite you to contact my office to set up a personal meeting to review your particular circumstances.

    This answer is provided for information purposes only. It should not be relied upon as legal advice which can only be offered to clients in an office consultation setting when all the facts and circumstances can be fully considered and reviewed.

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