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Wanted a Michigan attorney to discharge IRS debt through…

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Wanted a Michigan attorney to...
Wanted a Michigan attorney to discharge IRS debt through chapter 7 bankruptcy.
Background: I filed my 2003, 2004, 2005, and 2006 returns with the IRS in April 2008. From that i owe them roughly $90,000. However, I've lost my job since then and have been off work for 1 year.
I'd like to discharge my IRS debt. I hear that it's difficult to remove IRS debt, but possible. What are their specific requirements, so that I may know if I qualify?
Thanks for your support and guidance.
Submitted: 8 years ago.Category: Bankruptcy Law
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5/11/2010
Bankruptcy Lawyer: Terry L., Attorney replied 8 years ago
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,983
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Hi and thank you for your question.
There is a small loophole to discharge taxes in chapter 7.

1. Must be income tax.
2. Must be for a tax year at least 3 years before the bankruptcy case is filed.
3. Must have been timely and accurately filed, if late or inaccurate, must have been corrected/filed more than 2 years before the bankruptcy case is filed.
4. Must not have been assessed in the last 240 days prior to the bankruptcy case.

If it meets these requirements, it would discharge in chapter 7. So, you should order an account history from the IRS, so you get the precise dates of filing, assessment info etc. Bring that to your local bankruptcy attorney to ascertain when would be best to file the chapter 7 to discharge that tax debt, and to review the other elements of qualifying for chapter 7. Thanks for your question, and good luck.
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,983
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified
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Customer reply replied 8 years ago

I believe that I do meet the requirement.


If I meet these requirements would I be “guaranteed” that they’d be discharged by the IRS? I’ve heard that the IRS has several months longer than typical creditors to respond. I’d hate to file bankruptcy, then find out months after I’m through that they don’t “agree” to discharge. Is there a way to know going in that they’d be discharged?

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