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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


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

Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.

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Bruce Givner

Bruce Givner


You should hire Mr. Leventhal.


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.

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Filemon Kevin Samson

Filemon Kevin Samson


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.


Sorry. You still owe these taxes.

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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!


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

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