Legal Question in Bankruptcy in California

My bankruptcy was granted in 2010. Both a state and fed tax debt was listed on the creditor matrix and the debts as being discharged in my final bankruptcy papers. Now both agencies are coming after me again for those debts. The state seized money from my bank account in July of this year. I contacted them and sent them everything they wanted plus proof of my bankruptcy judgement. They maintain that they are not one of the creditors listed, when they clearly are. There are 5 prerequisites that must be met in order for a tax debt to be discharged, and I meet every one of them. The wrote back and said that they would defer my payment for 1 yr. After that they can go for my bank account again. I tried to talk to the tax advocate board, but they told me that they cannot help because by their rules, my case has been found to have a solution of the 1 year deferment. However, that is not a solution to me. How can I get them to recognize that my debt with them was discharged? It is maddening since this debt is a result of filing late. When I finally had my returns done, they would have actually owed me over $8000 in a refund. I did not qualify for the refund, because I filed 6 months past the 3 year cut off date to still qualify for the refund. The debt is for all the penalties and fees that they charged , and still are charging.

Asked on 10/04/13, 6:53 pm

2 Answers from Attorneys

Michael Avanesian Avanesian Law Firm

You need to get an attorney. There are plenty of us that actually know what we're doing.

This is a very difficult part of bankruptcy and, while I'm not saying it's malpractice, your attorney should probably have filed an adversary proceeding to determine the dischargeability of the tax claim.

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Answered on 10/04/13, 9:40 pm

Charles Andersen Charles Andersen, Atty

That preceding answer is just a bunch of bullshit to play off your potential misunderstanding of the legal system.

The tax debt was either discharged or it wasn't. No litigation or adversary proceeding is necessary, it's simply a matter of counting time.

You mentioned one factor, that is the tax debt is "simply a matter of filing late". The three year period for the tax debt to become dischargeable runs from the date of the filing of the return , not the taxable year for which the taxes are owed.

It may be time to consider another filing under Chapter 13. You now have a new look back period.

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Answered on 10/04/13, 10:33 pm

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