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mmdesq, Attorney
Category: Bankruptcy Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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I was told after three years of the filing I can file

Customer Question

I was told after three years of the filing I can file bankruptcy on the IRS is this correct?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  mmdesq replied 1 year ago.

Good Morning,


Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

Yes your statement is basically correct. There are exceptions. For example, any trust fund or withholding taxes or sales taxes are never dischargeable. However interest or penalty on the same maybe. In addition, the time frame for when the three years begins to run is from the date of the filing of the return. Not the tax year when it was due. There's also an exception if the IRS obtained a lien or if you'd filed a previous bankruptcy that may have caused the IRS not to be able to pursue for a period of time then it would toll (delay)the running of yhe 3 year timr period.

I hope this information is helpful and I wish you the best of luck.

Customer: replied 1 year ago.
I would like to talk but need to know what city you're in first and County because that's were I need to file my bankruptcy in the county I live in right ?
Expert:  mmdesq replied 1 year ago.

Correct. But bankruptcy law is federal and the rule you asked about won't change based on county.