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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Is the Documentary Doc stamp tax dischargeable in FL in chapter

Customer Question

Is the Documentary Doc stamp tax dischargeable in FL in chapter 7 BK?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
Since you are filing, this is actually an unsecured debt, since it is no longer attached to the property since it foreclosed. If you did not accept the quit claim, it may not have been a valid transfer, and you might not be responsible anyways. The asset sales pay off unsecured debts, pro-rata, based on who files the claims. So, it should be taken care of in any way. In the event the taxes are not discharged, due to a local rule in FL (I only practice in IL) you can continue fighting the QC Deed, that it was not a proper transfer.
Customer: replied 7 years ago.

I understand that it is an unsecured debt. But it goes to the schedule E with unsecured priority claims because it belongs to the category of government taxes.

What I learned is that most types of taxes can not be discharged.


So I wanted to hear a more specific answer from an attorney who had a client with this specific type of Priority Unsecured Debt. I wanted to know if this specific priority unsecured claim of Documentary Stamp taxes is dischargeable under Bankruptsy law.

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