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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2889
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I filed a chapter 7 in maryland and listed my federal income

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I filed a chapter 7 in maryland and listed my federal income taxes. I received a discharge letter, however the irs is saying i need to have the bankruptcy court zero out the balance is this correct?

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. :

Can you provide a little more information? You listed the taxes as a debt on Schedule E?

Customer:

yes. The taxes are listed on schedule E

Terry L. :

What is the issue then with the IRS?

Terry L. :

any outstanding debt would be listed on the schedules

Terry L. :

perhaps the IRS is looking for the discharge

Terry L. :

once discharged, maybe some of your debt qualified for discharge, and they want to recalculate if some was discharged.

Terry L. :

Generally, must be 3 years old when filed to discharge

Customer:

The IRS sent me a notice for 2002, 2003 and 2008. All the tax years were listed. The IRS said they have the discharge letter but need the bankruptcy court to give me a letrer saying the taxes where discharged. All the taxes listed are three years old. Just wanted to know what to ask for when I go to the bk court office.

Customer:

The IRS also stated that the letter from the IRS must state zero for the years owed.

Terry L. :

the court doesn't usually do that, the IRS usually tells you if it met the dischargability rule

Terry L. :

hmm, sounds new to me.

Terry L. :

The court only has your discharge notice.

Customer:

Thank you, XXXXX XXXXX hire a tax attorney, what i don't want to happen is that i have to pay

Terry L. :

maybe they are looking for a copy of schedule E?

Terry L. :

ask your bankruptcy attorney, maybe they have the letter to send

Customer:

I was pro se

Terry L. :

you can try the bk clerks' office, maybe they have something to send.

Terry L. :

each clerk is different.

Terry L. :

I've never seen that, try sending schedule E and the discharge notice.

Customer:

thanks I'll try it.

Terry L. :

ok, come back if they are looking for something else

Terry L. :

good luck!

Customer:

Will do

Terry L. :

there you go

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