Saturday, October 31, 2009

When are Federal back taxes dischargeable in bankruptcy court?

if you owe the irs $5500 in back taxes from your (year 2000) return and just filed them this past year, could they be dischargeable in bankruptcy court? this particular person grosses about $34,000 per year and pays $635 per month in child support, plus $530 per month in apartment rent, plus utilities, food and $45 per week in health care premiums. currenty the irs has him in %26#039;uncollectable%26#039; status because of his financial situation. he also has old credit card debt.



When are Federal back taxes dischargeable in bankruptcy court?

I am a bankruptcy attorney. Taxes can be discharged in Chapter 7 if they are more than 3 years old (this appears to be the case), if they were filed at least two years ago (this does NOT appear to be the case), and if no liens or deficiencies have resulted. If liens resulted, they will survive the bankruptcy and remain attached on the property. In Chapter 13 the entire tax debt will be repaid, but usually interest free.



Feel free to contact me with additional questions.



www.boston-bankruptcy.com



When are Federal back taxes dischargeable in bankruptcy court?

Never. Government debts are not dischargeable.

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