Legal Question in Bankruptcy in California

Chtr 7 - personal income tax

Can I discharge my personal income taxes through chapter 7 bankruptcy?

How can I verify the rules or requirements pertaining to the forementioned question so that I can determine whether or not I qualify?

Can you forward the perameters to me at my e-mail address so that I can read this as well?


Asked on 8/23/00, 3:17 pm

2 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Chtr 7 - personal income tax

Shai's posting is basically correct. There are also certain taxes not dischargeable in a Ch. 7 which may be in a Ch. 13. I suggest you visit my web page at http://www.bklaw.com/ for more details on this.

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Answered on 9/29/00, 1:47 am
Shai Oved The Law Offices of Shai Oved

Re: Chtr 7 - personal income tax

The general rules for discharging taxes is as follows:

1) The taxes must have been due for a tax year more than three years ago.

2) the tax return must have been filed more than two years ago.

3) The taxes were not assessed within the last 240 days.

4) There was no fraud involved in the tax return.

5) The taxes must be unsecured (ie., no tax lien).

You should speak with a specialist to review your facts and get your record of account from the I.R.S.

If you need additional information or would like to set up a consultation, you can call my office at (818) 992-6588. Good Luck.

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Answered on 9/28/00, 11:44 pm


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