Legal Question in Bankruptcy in California
Dischargable debt
Can IRS debts be discharged?
Can Social Security Disability overpayments be discharged?
If a student loan (government backed) has been purchased by a private agency, can the debt be discharged?
What consititutes "undue hardship on debtor" vis-a-vis student loan discharge
3 Answers from Attorneys
Re: Dischargable debt
Certain IRS debts can be discharged under certain circumstances--mostly based on the age of the taxes. Usually 3 years is the benchmark, although it is a tricky area and a complete analysis would need to be done to be sure. As for student loan dischargeability (and more information on the tax question) visit my website (http://www.bklaw.com/bklaw) and click on the "Chapter 7" link. Let me know if I can be of further assistance. Mark
Mark Markus
Law Office of Mark J. Markus
11684 Ventura Blvd., Ste. 403
Re: Dischargable debt
Mr. Press' answer is quite adequate and should be followed
Re: Dischargable debt
Income taxes can be discharged if they are at least 3 years old and not assessed within 240 days, and, if in anything other than Chap. 13, if they have been filed for 2 years and not fraudulently.
Social Security overpayments can be discharged.
Student loans can only be discharged upon a showing of undue hardship.
Undue hardship requires a very high showing, although it varies from court to court.
Daniel Press
Chung & Press, P.C.
6723 Whittier Ave., Suite 302
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