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I received chapter 7 discharge in 2011 in May..received letter 3 weeks ago from IRS that i owe 3,500 for 2011..would my BK count

Tustin, CA |

Since it is for the same year? or do i still need repay? I dont have alot of $ as i am a widow and single Mom..I am ware of the installment agreement as well..have so many payments as it is..any help would be appreciated..thank you

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Attorney answers 5

Posted

No your bankruptcy would not have discharged that particular tax debt.

Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800

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Bruce Givner

Bruce Givner

Posted

You should hire Mr. Leventhal.

Posted

The tax debt is too recent to be covered by your bankruptcy. If you had income taxes due from 2007 or earlier, some of those might be covered if you meet certain other criteria but you are on the hook for the 2011 taxes.

First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

Filemon Kevin Samson

Filemon Kevin Samson

Posted

The answer to your questions depends on whether the IRS tax debt was for regular income, or for 1099c income for debt forgiveness, or something else. If your tax liability is for debt forgiven by a creditor, you may not be liable for the taxes if the underlying debt was discharged in your Chapter 7 Bankruptcy before it was forgiven ("written off"). It does not stand to reason that a debt can be forgiven that is not owed.

Posted

Sorry. You still owe these taxes.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

Posted

You must have owed the tax debt for at least 3 years for it to be eligible to be eliminated in any bankruptcy. Hope this perspective helps!

Posted

You are still liable for the IRs debt, post petition. You can call them up and arrange a payment plan.

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