California  |  Bankruptcy

Legal Question

Asked on: 1/18/08, 9:21 pm

Owed taxes included in bankruptcy

I received a letter from the IRS stating I iwed them taxes from 2005. I am currently filing for Bankruptcy. Can I put the owed taxed in my bankruptcy claim?

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Answered on: 1/19/08, 1:27 am by Robert F. Cohen

Re: Owed taxes included in bankruptcy

You must put the taxes on your bankruptcy schedules. However, they won't be discharged.


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Law Office of Robert F. Cohen P.O. Box 15896 San Francisco, CA 94115-0896

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Answered on: 1/19/08, 8:59 am by Carl Starrett

Re: Owed taxes included in bankruptcy

While you are required to list the taxes in your bankruptcy filing, the will not be discharged in a Chapter 7 case. One of the requirements to discharge tax debt in a Chapter 7 is that it must be at least 3 years from the date the taxes were assessed. If you filed your 2005 return on time, the taxes would have been assessed when your returned was due in April 2006. This your tax debt would not be dischargeable until after April 2009 at the earliest. And not all types of tax debts are dischargeable either.


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