Legal Question in Bankruptcy in Delaware

I filed a Chapter 7 bankruptcy with an attorney in 2005 and was told I could include fed and state back taxes. After filing I continued to receive collection notices from the feds and the state I filed in wouldn't recognize the filing because the attorney had me file before a deadline that the state imposed. Now I have a judgement against me from the state and the feds are now seeking a lien against me. Was the attorney negligent?

Asked on 3/13/11, 3:05 pm

2 Answer from Attorneys

L. Jed Berliner Berliner Law Firm

Hard to say. The tax discharge factors have nothing to do with a state-imposed deadline. The return must be either have been timely filed before a due date more than three years before the bankruptcy filing, or if late then more than two years before the bankruptcy filing. In any event, the taxes owed must have been assessed more than 240 days before the filing, plus the time that an offer in compromise was pending or in effect. Got that?

It's always a good practice to present the other person's point of view when asking if someone did something wrong. Have you discussed this with your former attorney? It's possible that the collection notices and judgment and lien threat are all in violation of bankruptcy law.

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Answered on 3/13/11, 3:38 pm

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