Legal Question in Bankruptcy in New York

New York State Law

I have an approved Chapter 7 Bankruptcy o file,included in this was owed state income taxes, are these taxes still owed or are they removed with the bankruptcy action?


Asked on 6/08/99, 9:29 am

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: New York State Law

This is a question of federal bankruptcy law, not state law.

State, and federal, income taxes are dischargeable in a Chapter 7 if, and only if (1) the due date of the return, including any extensions, was at least 3 years pre-petition; (2) a non-fraudulent return was actually filed at least 2 years pre-petition; and (3) the taxes were not assessed within 240 days pre-petition.

Note that dischargeability does not affect the validity of any tax liens.

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Answered on 6/13/99, 11:20 pm
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: New York State Law

Taxes are not discharged.

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Answered on 6/12/99, 9:59 am


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