Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law

Please do not answer this unless you are a bankruptcy

Customer Question
attorney. There is a...
Please do not answer this unless you are a bankruptcy attorney. There is a three year rule for taxes. So I have filed two bankruptcies. So let's say that in the first one I filed a past due tax return. Then my plan was approved and then 2 months later my atty filed an order closing the case. When does the three year rule start ticking on the taxes. On the date my plan was approved or on the date the motion to dismiss was filed.
Submitted: 1 year ago.Category: Bankruptcy Law
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 25 minutes by:
9/23/2016
Bankruptcy Lawyer: Law Tutor, Esq., Attorney replied 1 year ago
Law Tutor, Esq.
Law Tutor, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 165
Experience: N/A
Verified

Hello. I am an attorney with over 20 years of experience and I look forward to assisting you today. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am a bankruptcy attorney.

So you are basically asking when your taxes would be come dischargeable - correct?

Ask Your Own Bankruptcy Law Question
Bankruptcy Lawyer: Law Tutor, Esq., Attorney replied 1 year ago

The three year rule for dischargeability of taxes is calculated using the dates of when your income taxes were filed and when your bankruptcy was filed. Understand that the taxes are not dischargeable if your bankruptcy was dismissed. So for the three year rule - say hypothetically we are dealing with your 2008 taxes. Those tax returns would be due to be filed on April 15, 2009. So then you calculate 3 years from April 15, 2009 which would be April 15, 2012. So if you file your bankruptcy after April 15, 2012, the taxes would be dischargeable. If the taxes were filed late, you calculate 2 years from the date the tax return was filed to determine if the debt is dischargeable. So it doesn't go by the date the plan was approved or the date the motion to dismiss was filed - but it goes by the date the bankruptcy is filed. Is that what you were asking? Please let me know if this answers your question.

Please let me know if you have any additional related questions. If not, can you please press a five star positive rating so that I will be paid for my time assisting you tonight. I am paid nothing unless you press at least three stars in the rating section above so I do appreciate a positive rating before you leave the website. THANK YOU VERY MUCH

Ask Your Own Bankruptcy Law Question
Customer reply replied 1 year ago
Taxes should have been filed between 2002 and 2007. Bankruptcy was filed in 2007. Tax returns were filed in 2007. The three year rule was tolled during the bankruptcy. The plan was approved in March of 2011. My atty filed an order to dismiss in May of 2011. I then filed another bankruptcy in April of 2014. The question is when did the tolling on the three year rule stop. March of 2011 or May of 2011.
Bankruptcy Lawyer: Law Tutor, Esq., Attorney replied 1 year ago

Since I am not sure what you are asking, I will opt out and let another attorney have the opportunity to help you.

Ask Your Own Bankruptcy Law Question
Bankruptcy Lawyer: DrakeLAW, Attorney replied 1 year ago
DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 984
Experience: Attorney at Drake Law Firm PLC
Verified

Hello my name is ***** ***** I am a bankruptcy attorney and I can help you with this.

The three year rule relevant to tax dischargeability has only to do with when the return was due, not when it was actually filed. That 3 year rule never tolls.

Actually, what you need to be concerned with is the two year rule for filing a late return. It is non-dischargeable if the returns are filed within 2 years prior to the bankruptcy filing. That period would be tolled during the pendency of your prior bankruptcy and would resume upon the date of the order dismissing the case. Or in the facts you provided, May 2011.

Please let me know if that answers your question or if you would like more information or statute citations.

Ask Your Own Bankruptcy Law Question
Customer reply replied 1 year ago
Let's try to simplify this. I didn't file a tax return in 2005. I filed an 11 in 2007 and filed the return in 2007. The plan for the Chapter 11 was approved in 20010. Between 2007 and 2010, the three year rule that allows me to discharge taxes, penalties and interest for the 2005 taxes was tolled. The Order Closing the Case for the Chapter 11 was filed in 2011. My question is when did the tolling stop. In 2010 when my plan was approved or in 2011 when the Order Closing the Case was filed.
Bankruptcy Lawyer: DrakeLAW, Attorney replied 1 year ago

I can tell you the tolling of any and all periods stopped when the order closing the case was filed.

But to say again, the 3 year rule doesn't toll. The 2 year and 240 day rules would toll however.

Ask Your Own Bankruptcy Law Question
Ask DrakeLAW Your Own Question
DrakeLAW
DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 984
984 Satisfied Customers
Experience: Attorney at Drake Law Firm PLC

DrakeLAW is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,679 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
I have the same question. I had a Chapter 7 bankruptcy 13
I have the same question. I had a Chapter 7 bankruptcy 13 years ago. I have not seen on my credit report for the last 6 years. The SBA question says have you ever had a bankruptcy? Is it fair to say n… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
In a situation where a property owner is being foreclosed
In a situation where a property owner is being foreclosed upon by the city for property taxes.. no mortgage, some liens, including one state and one federal, but still about 100k in equity.. would tha… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,296 satisfied customers
Its been awhile since I asked this question- how does one
Its been awhile since I asked this question- how does one open a case that was dismissed for failure to make plan payments? 2. How do I prove this case was the reason for the failure of my own bankrup… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am the buyer on a land contract. The seller wants to get
I am the buyer on a land contract. The seller wants to get out of the contract to go with another offer/contract. They have threatened to file bankruptcy if we do not accept a small fee to walk from o… read more
DrakeLAW
DrakeLAW
Attorney
984 satisfied customers
Law Educator, Esq. (ONLY) (This is on the affirmative
Law Educator, Esq. (ONLY)(This is on the affirmative defenses)This is my first defense below There are overwhelming newly discovered clear and undeniable evidences that proved that the plaintiff Commi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Law Educator, Esq. (ONLY) This is on the Answer I just
Law Educator, Esq. (ONLY)Good morning,This is on the AnswerI just included the case law to this part of the fraud defense is it okay?There are several newly Discovered evidences found, that clearly an… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was issued a complaint and summons gor a reposession for
I was issued a complaint and summons gor a reposession for degaulting on my lease. I paid my myppast due my lesse is current on my vehicle. Could they withdrae the small claim … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
If a wife wants to file banckruptcy singlary, without her
if a wife wants to file banckruptcy singlary, without her husband what wlll happen to the joint house? and any joint credit cards/ or his personal credit cards? thanks… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
When applying for Bankruptcy-- what questions should I be
When applying for Bankruptcy-- what questions should I be asking a lawyer?? This is the case: 23 year old Student with no assets - Student loans and Credit Card debt that they can not afford to pay of… read more
DrakeLAW
DrakeLAW
Attorney
984 satisfied customers
Law Educator Esq. (ONLY) (This is on bankruptcy) When should
Law Educator Esq. (ONLY) (This is on bankruptcy) When should I be thinking of filing bankruptcy? do I have to wait until judgment is given on the foreclosure case before I file bankruptcy? Can I still… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Received a notice of automatic dismissal without the entry
Received a notice of automatic dismissal without the entry of a discharge. for failure to file documents. a/b, D, E/F,I,J,J2,statement of your current monthly, income BUT I filed these forms but at 2 … read more
DrakeLAW
DrakeLAW
Attorney
984 satisfied customers
I just started a chapter 13 bankruptcy and the lawyer told
i just started a chapter 13 bankruptcy and the lawyer told me how much i would pay for 5 years. i called his office about week later and told one the assisstants that i amm short on money and ask if i… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
I own a business that had a couple of rough years in 2013
I own a business that had a couple of rough years in 2013 and 2014. In 2015 and 2016 I did manage to make a profit, but I again lost money in 2017. With negative income over the past 5 years and with … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Very important question - thank you in advance: A guy who is
Hi, very important question - thank you in advance: A guy who is a film distributor ripped us off and filed for Chapter 7 bankruptcy in the U.S. Bankruptcy Court. I never got notice of this as the Cou… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
Educator only: defendants filed a response in the bankruptcy
For Law educator only:Hello sir, defendants filed a response in the bankruptcy court. Can you please help me understand this one?Thanks… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Sorry I just lost what I wrote so I'll try to rewrite. I'm
Hi... sorry I just lost what I wrote so I'll try to rewrite. I'm basically looking into Chapter 13 in order to save my home. I don't have an exact auction date at this point and I'm hoping there is a … read more
DrakeLAW
DrakeLAW
Attorney
984 satisfied customers
I filed bankruptcy a tear ago and it still hant been
I filed bankruptcy a tear ago and it still hant been discharged because the trustee has a 3000 dollar check to dispurse. Hoe long does it take and is there a time limit? … read more
DrakeLAW
DrakeLAW
Attorney
984 satisfied customers
Situation. My wife's ex husband is filing for bankruptcy.
Situation. My wife's ex husband is filing for bankruptcy. Chapter 7 He owes his ex wife 40000$ For her legal fees which was stated specifically because she had a need to get an education because she w… read more
DrakeLAW
DrakeLAW
Attorney
984 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x