Legal Question in Bankruptcy in Virginia

I filed chapter 13 in summer 2010. In late 2010- The MD Comptroller tried to collect on a debt while I was in automatic stay and I directed them to my Chapter 13 trustee for collection details. Fast forward 3.5 years to this week, I just now received a letter from MD Comptroller responding to my letter stating my tax lien was not dischargeable under bankruptcy. I was discharged of my Chapter 13 in 2012. I don't understand how it took them so long to get back to me and why they never put in a claim to my trustee during the period. Is this tax debt considered dischargeable since they never collected when I told them how to do it? I appreciate any "anonymous" guidance you offer.

Asked on 9/23/13, 6:56 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

You need to have a competent bankruptcy tax lawyer look at this. The rules are somewhat complicated as to when a tax is discharged. There are 5 basic rules for income taxes: (1) the due date of the return was at least 3 years before the bankruptcy filing date; (2) the return was filed timely, or at least 2 years before the bankruptcy filing date; (3) the tax was assessed at least 240 days before the bankruptcy filing date; (4) the return was not fraudulent; and (5) there was no evasion. The times are subject to various tolling (suspension) rules, and special rules for chapter 13 (namely that the 3 year and 240 day rules make the tax a priority debt but still dischargeable if no claim is filed) so you really need to have this looked at by myself or another competent bankruptcy tax lawyer.

As for filing the claim, it is too late now, but when they missed the deadline, you could have filed a claim for them if it made sense to do so.

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Answered on 9/24/13, 4:12 am

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