Legal Question in Bankruptcy in Kansas

If you file bankruptcy, can that debt be taxed? Then, making you liable for the tax.

Asked on 9/22/11, 9:09 pm

1 Answer from Attorneys

Adam Mack Mack & Associates LLC
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I think what you are asking is are you taxed on the debt that is discharged in a bankruptcy. This is an excellent question because other types of debt relief are taxed. For example, if you negotiate a $10000 credit card debt down to $3000 then you may feel like you have come out ahead. But at the end of the year, the creditor that forgave the debt is required by Federal law to send you a 1099 at the end of the year for $7000 debt forgiveness.

Then, although you did not have to pay the money to your creditor, you will have to pay taxes on the amount that was forgiven. One advantage of bankruptcy that does not exist in most, if any, other forms of debt relief is that you do not have to pay taxes on the debt that is discharged.

Of course my ability to answer your question over the internet is always limited. If you are interested in speaking in person or over the phone please contact me for a free appointment. You can email me at adam.mack@kansasjustice.com or call me at (785) 274-9040.

NOTE: The above response is provided for legal information purposes only and should not be considered legal advice; it does not create an attorney-client relationship. If you would like to request follow-up visit for confidential advice on your specific situation, we can offer further consultation in person, by telephone, or by email. Please visit our website at www.kansasjustice.com/bankruptcy and click on contact us to request more information or call us at (785) 274-9040.

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9/22/11, 9:56 pm

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