Legal Question in Bankruptcy in Georgia

No one here can guess. Your bankruptcy lawyer will have seen enough information to know if your tax debt is or is not dischargeable. Some 3+ year old tax debt is dischargeable, and without seeing the details he saw, there is no way to answer you.

Tax debt can be tricky. Usually, tax debt over 3 years old is dischargeable. However, there are some exceptions depending on when the returns were filed and whether or not the tax debt is related to a later reassessment by the IRS. Also, if there are tax liens, the debt may be dischargeable, but the liens will not go away, and can cause issues in the future. The basis answer is that, although the irs views taxes owed by a couple to be joint debt, your bankruptcy discharge, if applicable, will free you from this liability while leaving him liable. Thus, your divorce should be specific about what is to be done with the tax debt. Technically, the debt was originally joint debt, so saying that each is liable for his or own debt may not be very clear. Also, in cases where there is a dischargeability of taxes in a chapter 7, I always file an adversary against the IRS. That way, I have an order entered by a bankruptcy judge that specifically addresses what taxes are and are not dischargeable. The IRS is notorious about continuing to send letters about discharged taxes, and having an order to shove down their throat is very helpful.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website: hicksmasseyandgardner.com.