I'm still married and filing bankrupcy chapter 7 to clear my credit b4 my divorce my soon to be x had a lot of IRS debt that I was told could be discharged after the bankrupcy I will be filing a uncontested divorce my concern is that even tho I am filing bankrupcy and clearing my name that some how my ex's debt will come back on me I am going to put in the divorce paper that each party is responsible for their own debt can the IRS debt come back on me?
2 Answers from Attorneys
You need to consult with a bankruptcy attorney so you can fully explain the IRS tax situation. From the way your question is phrased its not clear whether you and your Wife filed a joint bankruptcy or not. Generally the IRS cannot pursue you for tax debt if your Wife is solely responsible - but once again you need to consult with a bankruptcy attorney and possibly a tax attorney.
The answer depends on whose tax liability is in question. Also, tax debt is not dischargeable for the three years prior to filing a bankruptcy case. If the tax debt is older than 3 years, you must have filed you taxes timely to utilize the dischargeability aspect. I agree with Mr. Jones, you need to see a bankruptcy attorney.
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