Only taxes due that were filed 3 years or more before the BK was filed are dischargeable. So, if you recently filed BK, only 2008 is dischargeable IF there were no tax liens filed. Sorry. You should ask your attorney for more details.
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.
Ms. Gruber has given you the correct answer. Income taxes arising from a tax year for which the tax return was last due at least 3 years before the date of the filing of the petition are potentially dischargeable. The income tax liability for the year in question must not have been assessed withint 240 days of the date of the bankruptcy filing.
If you owe taxes and have filed the returns timely any liability more than 3 years old is discargeable. If it is less than 3 years old it is non-discargeable. You may want to contact both the IRS and CA franchise tax board and ask them what you liability is after your Ch 7 discarge is issued. If it is more than you can afford or if they are not willing to work with you on a repayment plan try filing a Chapter 13 to repay the undiscarged liability.
2008 right now assuming they were filed on time or at least two years before you file the Chapter 7 case, assessed 240 days before filing and there is no fraud or tax evasion . . . . You should obtain a tax transcript to find out the dates they were assessed before filing for bankruptcy. You can file a chapter 13 and pay the taxes off without further interest or penalties. That could save you some money over the long term and be debt free in five years.
Ryan C. Wood is a Bay Area bankruptcy lawyer and has been practicing exclusively bankruptcy law in California since 2007. Mr. Wood formerly worked for David Burchard, Chapter 13 Trustee for the Santa Rosa and San Francisco Divisions of the United States Bankruptcy Court for the Northern District of California. West Coast Bankruptcy Attorneys has filed hundreds of bankruptcy cases and has an “A” rating by the Better Business Bureau.
Legal Disclaimer: Ryan C. Wood practices law in California only. Any answers to questions re not intended to be legal advice or create an attorney-client relationship. Always consult an attorney in your jurisdiction about your particular circumstances.