Legal Question in Bankruptcy in Wisconsin

Can you amend bankruptcy because of new debt there just came about for back taxes with the irs. we didn`t know about there was going to be a aduit.


Asked on 9/01/10, 1:45 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

For chapter 7 cases, the rules are quite simple for adding new debt. Within a reasonable time after filing, new creditors can be added so long as the debt was incurred before the filing date. If the debt was incurred after the filing date, it cannot be added in chapter 7. In chapter 13 cases, it is sometimes possible to add new creditors whose debt arose after the filing date if all parties including the creditor consent. Regardless of all this, even if this tax debt can successfully be added to your bankruptcy case, your ability to discharge tax debt is limited under chapter 7. Tax debts are generally nondischargeable in bankruptcy unless they came from a tax year which is at least three years earlier than the tax year of bankruptcy filing, assuming that timely returns were filed in each of those three years , and, such returns were free from any fraudulent representations. For determining the three years, complete tax years are measured only from August to August, because August is usually the final extension date which is available to most taxpayers. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine. I also can sometimes arrange to travel outside of Racine for initial consultations.

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Answered on 9/06/10, 4:31 pm


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