Legal Question in Bankruptcy in Illinois
Internal Revenue Service
Once my debts are discharged on a section 7 bankrupcty, Am I delcared insolvent? If so, are the insolvency exclusions ( which I can exclude from my gross income my canceled debt) applicable to me?
1 Answer from Attorneys
Effects of Ch. 7 Discharge
There is no "declaration" of insolvency that is part of a Chapter 7 bankruptcy discharge. In fact, since you do not technically need to be "insolvent" to file Chapter 7, such a finding would be wrong in many cases. If, however, you are inquiring about whether the debt which is forgiven you by the discharge is excepted from income by virtue of your bankruptcy filing, the answer is probably yes. Please note that to properly answer a legal question, a full exploration of all of the facts and a clarification of the question is necessary. Accordingly, please feel free to elaborate upon your question.