Legal Question in Bankruptcy in California

Federal Taxes and Bankruptcy

Local radio ads refer to discharging back Federal income taxes by banruptcy. My wife and I are considering bankruptcy and want to know if, and under what conditions, this is true. All the literature i can find says that federal taxes are NOT dischargable under chapter 7.thanks


Asked on 3/03/98, 12:34 pm

2 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Federal Taxes and Bankruptcy

Income taxes are dischargeable in bankruptcy under certain circumstances. The statutes are quite complex, so there is no way to give you a definite answer without throughly reviewing your individual facts. However, as a general rule, if your returns were timely filed, and they are over 3 years old from the date they were due (April 15 of the year after) on the date you file your bankruptcy, they are dischargeable.

If you live in California and would like a more comprehensive consultation, I invite you to visit my website at http://www.bklaw.com/bklaw and give me a call.

Best Regards,

Mark

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Answered on 3/04/98, 9:55 pm
Ken Koury Kenneth P. Koury, Esq.

They may be dischargable

You must have filed a return for the year they were due and it must be 3 years since the last possible due date. the timing of the BK filing is important.

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Answered on 3/04/98, 10:59 pm


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