Legal Question in Bankruptcy in Hawaii
Can you claim bankruptcy even if you owe back income taxes?
If you havent paid any personal income taxes for 1999 becuase you believe that personal income taxes is unconstitutional my friends have. They belong to an organization called American rights litigators. Can he still file chapter 7? He has $25,000 in credit card debt several persoanl loans what are his options?
1 Answer from Attorneys
Re: Can you claim bankruptcy even if you owe back income taxes?
Whether or not somebody has paid taxes does not
have anything to do with whether they can file
bankruptcy. Your friend can file bankruptcy, but
your friend may have some problems.
First off, taxes in general are not wiped out by
the bankruptcy. Also, your friend will have to
fill out the bankruptcy forms honestly and fully.
That will mean listing the unpaid taxes, even
though he may believe he doesn't owe them.
We have had tax protestors file bankruptcy in
this district, and some of them find their
bankruptcy cases dismissed without getting debt
relief, because they are taking advice from tax
protestor groups and not from licensed attorneys.
There are many good debtors' attorneys in
Hawaii, and their fees are in general quite
reasonable. Your friend should talk with one of
them about his personal situation, and whether
bankruptcy would be appropriate.
Good luck.
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