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Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1905
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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they have bankruptcy online where you can pay less than going

Resolved Question:

they have bankruptcy online where you can pay less than going to a lawyer and they help you file and all, is that legal???
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Brent Blanchard replied 3 years ago.
Yes.

There is a special provision in federal law which allows for a "bankruptcy preparer" to essentially act like a paralegal and make sure all the forms are filled out correctly.

I believe it is a valuable service for low-income Debtors under the BK Code, suitable for "no-asset" cases without complicating factors such as insider transactions with relatives in the previous year or failed small business enterprises or tax debts (not dischargeable if too new).

Just be careful that they are not practicing law without a license.

Thank you.

BAB.
Customer: replied 3 years ago.

You mean if you have money owed to the irs for over 6 years it cannot be discharged? Thank you.

Customer: replied 3 years ago.
yes because when i asked them they said it can, i just want to be sure. thanks
Expert:  Brent Blanchard replied 3 years ago.
To be discharged in a Chapter 7 case, taxes have to have been both due AND assessed for more than two or three years (it's been a while since I looked it up, none of my clients have had that problem since I tried to save a do-it-yourself case for a couple about four years ago). So, if the returns were filed six years ago, the IRS has had the amount due nailed down for all that time, then what would have been non-dischargeable would become a priority claim that gets paid from the BK estate--IF there is enough money--before anything else other than secured claims.

Everyone who's asked me since then hadn't bothered to file their returns for a few years, and would have had to wait a few more years before filing to get them into the dischargeability zone.
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1905
Experience: Twelve years experience in all aspects of debtor & creditor BK.
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