Legal Question in Tax Law in Illinois

I filed Chapter 7 in 2005 & it was discharged. Now the IRS claims I owe back taxes from 2001 to 2003, should these back taxes be included in my Chapter 7 from 2005 or do I need to file a Chapter 13 at this point? Thank u in advance


Asked on 3/01/11, 2:01 pm

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Most taxes, including Federal income taxes, survive Chap 7 bankruptcy. You are not going to benefit by attempting to reopen your 2005 BR. Whether a Chapter 13 filing will benefit you at this time depends on your financial situation. If you wish to retain certain property with secured loans, have sufficient income to fund a Chap 13 Plan which could include payment of the taxes, a Chap 13 may benefit you. Advice: discuss your overall situation with an attorney experienced in bankruptcy to learn options and benefits.

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Answered on 3/01/11, 2:39 pm


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