Legal Question in Bankruptcy in California

Is it possible to BK debt to CA state board of equalization if the payment is too high for you to pay?


Asked on 4/20/11, 1:42 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You can potentially discharge a debt owed to the BOE, depending upon the nature of the debt. It has nothing to do with your ability to repay. The bankruptcy code provides that certain types of debt are non-dischargeable in bankruptcy. These include certain taxes that were assessed less than three years prior to the filing of the case. The evaluation of whether a tax owed is dischargeable or not requires a very complex analysis - not something you can do without an attorney. Consult with a bankruptcy attorney - most do not charge for the initial consultation. It is not worth trying to deal with this on your own.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 4/21/11, 3:22 pm


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