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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have previously filed bankruptcy in the state of Ohio in

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I have previously filed bankruptcy in the state of Ohio in 1994 as a result of tax shelter investments made in the 1980's. My federal and state taxes were listed on my BK petition and discharged in 1994 without challenge by any creditors. My federal taxes have been resolved but now the State of Ohio says my State taxes were not discharged because I never filed amended returns. The state got the revised AGI from the IRS and billed me based on the Federal adjustments. Is the State of Ohio position correct? Do I now owe 20 years of interest? This can't be right.

I am an attorney with 25+ years of legal experience and am working diligently on your answer while I await your response.

Please tell me:
Was an adversary proceeding filed in your bankruptcy to determine the dischargeability of the taxes?

Customer: replied 5 years ago.

So sorry to hear of your dilemma. I will strive to provide you with legal information to assist you. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

Unfortunately it appears that the state taxes were not discharged in your chapter 7 bankruptcy.

An adversary proceeding is required to determine the dischargeability of tax debt. Absent the filing and determination of dischargeability at the time of your chapter 7, it appears that that liability still exists.

I suggest that you meet with local tax counsel to work out some type of settlement

Please let me know if you have any questions concerning my answer.
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