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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2517
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I filed a chapter 7 in March 2013 listing back taxes (irs)

Resolved Question:

I filed a chapter 7 in March 2013 listing back taxes (irs) for 2008 and 2009 on schedule listing creditors. Both taxes were filed with an extension by October 15th of the respective years. Bankruptcy was discharged august 2013. Now in September irs sent a notice to levy listing the 2009 taxes. What is my next step?
Submitted: 11 months ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 11 months ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

taxes are dischargeable in some instances.

Terry L. :

They must be for income tax first off.

Terry L. :

second, the tax return must have been due at least 3 years before the bankruptcy filing

Terry L. :

they must have been accurate and timely filed.

Terry L. :

if late, the return must have been filed at least 2 years prior to the bankruptcy filing.

Terry L. :

They also must not have been assessed in the 240 days prior to the bankruptcy case.

Terry L. :

If the IRS is trying to collect, you should contact the IRS to confirm they have your bankruptcy information.

Customer:

But shouldn't I have been notified by trustee or someone else that these 2009 taxes were not dischargable

Terry L. :

Then request them to do a liability determination to confirm if they meet the dischargeability requirements

Terry L. :

No

Terry L. :

No one tells a debtor if they are discharged or not. The trustee's job is to liquidate your assets to pay the bills if you have any assets that could be liquidated.

Terry L. :

Your attorney can give you some guideance though.

Customer:

So I'm just screwed?

Terry L. :

But talk to the IRS< they can confirm it the old debt meets the requirements

Terry L. :

And if they don't, they can tell you why not

Terry L. :

No, you are not 'screwed'

Terry L. :

perhaps the IRS hasn't coded the bankruptcy filing yet.

Terry L. :

The IRS can be slow. So contact your local office to see that they have the bankruptcy info.

Terry L. :

What other questions do you have?

Customer:

Yes they discharged the 2008 taxes, but not the 2009 taxes. I was told if the taxes were three years old then they applied. But understanding what you told me then if the tax year 2009 taxes were not due until april 2010 and I filed in March, looks like I filed one month too soon?

Customer:

You still there Jack?

Terry L. :

yes

Terry L. :

one moment, i'm preparing an answer

Terry L. :

The tax debt must be related to a tax return that was due at least three years before the taxpayer files for bankruptcy. The due date includes any extensions.

Terry L. :

so, if you used the extension, you missed the window by a few months it seems

Customer:

Thanks looks like I have to pay them

Terry L. :

Any last questions?

Terry L. :

If you do, let me know. Please click accept to rate answer and close the question. THanks and good luck! The IRS is usually willing to enter into a repayment plan post-bankruptcy too. Terry

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2517
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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