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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
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Experience:  Licensed to Practice Law
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Hello, I filed for bankruptcy in Canada in 2010. I was

Resolved Question:

Hello,

I filed for bankruptcy in Canada in 2010. I was discharged in Dec 2012. I included our IRS debt in the bankruptcy so it was also discharged under Canadian law. The IRS sent me a letter in Dec 2012 saying that they would not discharge the tax debt under a Canadian bankruptcy discharge.

Is there any way to go to court in the US to enforce the bankruptcy discharge in Canada so that the IRS debt gets discharged? The debt is $100K for tax years 2007, 2008, 2009 and includes interest and penalties to date. I am a Canadian citizen living in Canada who were working in the US as a consultant during those years with a TN Visa.

Thank you
Submitted: 11 months ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 11 months ago.
Hello and thank you for allowing me the opportunity to assist you.

In most cases, income tax debt in the US is not dischargeable in bankruptcy. The fact that it is dischargeable in Canada is of no consequence to the IRS since the Canadian courts have no jurisdiction over the IRS. Of course, like your lawyer stated, the discharge likely means that the IRS can do nothing to you in Canada. However, the discharge would not be effective in the US, and a US bankruptcy court would not have any power to enforce the Canadian discharge.

I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9338
Experience: Licensed to Practice Law
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