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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15685
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Bankruptcy Question. My Wife and I hired an attorney to

Resolved Question:

Bankruptcy Question.

My Wife and I hired an attorney to prepare and file a chapter 7 BK. This was done Primarily for Federal and Ca state income taxes for year 2000.

The Bk was discharged in Nov 2007.

The two entities are now starting the whole collection process again because they say that the asessment happened durring the 240 day rule.

It is my belief that this due dilligence should have been done by my attorney and the trustee before he granted the discharge.

The attorney is resposible for this oversight and we are in a position for recourse.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 4 years ago.
Make sure the IRS and state are correct with their dates, if these are for taxes due in 2000 and you filed the bkcy in 2004-7 you would fit into the the three year rule also. If the bankruptcy attorney was not aware of the 240 day rule, you can sue him for malpractice, but make sure that the filing was incorrect and not file prior.

The 240-day rule. The assessment date for the taxes must be greater than 240 days prior to the date the bankruptcy petition is filed.

three-year rule. The due date for the return, including the due date after filed extensions, must be more than three years prior to the bankruptcy petition. Do not forget that due dates falling on Saturday or Sundays are actually extended to the following Monday.

The two-year rule. You must have filed the tax return more than two years prior to the bankruptcy petition. Returns filed by the IRS on your behalf do not qualify. There is one “gotcha” relating to the two-year-rule. The IRS has three years to audit and correct a return after the return has been filed. Thus, it is possible to discharge taxes on a return only to have the IRS assess additional taxes on account of corrections the IRS makes to the returN.

The 240-day rule. The assessment date for the taxes must be greater than 240 days prior to the date the bankruptcy petition is filed.


Tolling of the 240-day rule. In the case of an offer in compromise, an additional 30 days plus the duration of the offer is added to the 240-day rule. If a bankruptcy is filed during the pendency of the 240-day rule, or if the bankruptcy is filed prior to the assessment but the automatic stay coincides with the 240-day time period, then the time 240- day period is tolled for the duration of the bankruptcy.
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15685
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you for reply. I am going to go back to my attny and tell her we have a 240 day problem which she needs to fix. If I need any more help I will ask for you.
Expert:  WALLSTREETESQ replied 4 years ago.
she may be able to file a motion to re open the case and adjust the petition to address this issue.

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