QUESTION

Am I responsible for back taxes or since I filed bankruptcy am I cleared of all debt including the taxes?

Asked on Dec 29th, 2012 on Foreclosures - North Carolina
More details to this question:
If I do a deed in lieu, have already filed bankruptcy and has been discharged in Jan 2012 including the mortgage, what about the back taxes that are owed?
Report Abuse

4 ANSWERS

Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
Update Your Profile
You need to talk to your bankruptcy attorney. These issues are far too complicated to look for answers in this forum.
Answered on Jan 09th, 2013 at 5:48 AM

Report Abuse
Tax Problem Resolution Attorney serving Lake Oswego, OR at THE WUHRMAN LAW FIRM
Update Your Profile
Taxes are only dischargeable in bankruptcy if they meet a variety of criteria, one of which is that they must be 3 YEARS OLD measured from the due date of the tax return. If your taxes are for a year AFTER 2008, they would NOT have been discharged in your bankruptcy. Your question, however, seems to have something to do with tax owed on account of the debt cancelled in the foreclosure of your prior home. If you filed bankruptcy before the foreclosure was concluded, and the mortgage debt was discharge, you should not have any tax liability. See Section 108(b) of the Internal Revenue Code.
Answered on Jan 08th, 2013 at 8:18 AM

Report Abuse
Bankruptcy & Debt Attorney serving Syracuse, NY at Theodore Lyons Araujo
Update Your Profile
Income Taxes are (possibly) dischargeable in bankruptcy if they are for taxes that became due for tax years greater than three (3) years ago; the tax return was filed at least two (2) years ago; the taxes were "assessed at least 240 days ago, and there was no indication that there was fraud or evasion of taxes. Having stated the broad general rules, let me note that there are many, many, many ways that taxes can become non-dischargeable in the event certain things happened or did not happen since the tax liability was assessed. This is not something to attempt on your own, nor should an inexperienced Bankruptcy attorney rely on this broad outline. See a Bankruptcy attorney with sufficient experience to determine if any of the tax liability is dischargeable.
Answered on Jan 08th, 2013 at 7:34 AM

Report Abuse
Business Bankruptcy Attorney serving Raleigh, NC at J.M. Cook, P.A.
Update Your Profile
Property taxes are an in rem taxes and run with the land. Basically, they are paid upon sale of the property.
Answered on Jan 08th, 2013 at 7:07 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters