Legal Question in Bankruptcy in Oklahoma
Discharge of Debtors
I filed bankruptcy last year in February, and I have recieved my discharge notice 90 days thereafter. How do I find out exactly who was, and was not, discharged in the bankruptcy? Also I listed The IRS on my Matrix for a sum of 5,000.00 that was incurred since 1992, has a portion of this been discharged too? I am confused about the tax law regaurding bankruptcy. Please Help.
Thank You,
1 Answer from Attorneys
Re: Discharge of Debtors
First, as to all general creditors, all who were listed on your schedules were discharged by your bankruptcy.
As to tax creditors, it's not so easy. Did you review this with your attorney? If you were assesed within 240 days before bankruptcy, no dichage for taxes so assessed. If taxes are fiduciary taxes (such as withholding taxes, sales taxes, etc.) never discharged by a bankuptcy. If they are for income taxes, did you file honest, true, income tax returns within 3 years before bankruptcy? Did you fail to pay, even if did so file, with wilful intent not to pay? All these questions are essential to answer.
Neil Ackerman