QUESTION

Can I amend a discharged chapter 7 bankruptcy?

Asked on Jun 24th, 2014 on Bankruptcy - Illinois
More details to this question:
I filed bankruptcy after a divorce and I had lost my job for a short time. At the time I owed state and federal taxes. I still owe taxes and a garnishment is about to be placed. Can I amend my returns to include these taxes or do I have to file another bankruptcy.
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7 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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If you had outstanding taxes when you filed bankruptcy and the taxes weren't discharged, then they won't be discharged in a new bankruptcy. You need to contact the IRS and work out installment payments.
Answered on Jun 25th, 2014 at 9:43 PM

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If the debts were in existence when you previously applied for bankruptcy, you can ask the court to reopen the case so that you can include the debts. However, taxes are not normally dischargeable in chapter 7 cases.
Answered on Jun 25th, 2014 at 9:42 PM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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Confusing question. Did you mean to ask whether you can amend your filed bankruptcy petition? As long as the case is open you can amend any of the schedules by filing and serving upon Trustee and US Trustee an Amendment Cover page and the amended schedules. If the underlying question is whether the past due income taxes are dischargeable the answer depends on some additional undisclosed facts. Discuss this with your bankruptcy attorney. If you don't have one, get a consultation as soon as possible. When there are past due income taxes involved, the actual date of when a debtor files their bankruptcy case under some circumstances CAN make a difference. A tax transcript, which can be obtained for each and every year the income taxes are owed, provides some key facts: date when the filed return was received by the tax authority, date when tax was assessed (including any additional taxes), whether liens have been placed against your property.
Answered on Jun 25th, 2014 at 1:14 PM

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Deborah F. Bowinski
Your questions are not making a lot of sense to me. Do you have reason to file amended tax returns? If yes, then you should do that. The bankruptcy case has no bearing on what your tax returns show you owe. The only questions would be as far as timing goes, when the tax returns were filed and when the bankruptcy case was filed. Most income taxes are NOT dischargeable in bankruptcy. Since you did not include any dates or years it is impossible to know whether you are yet entitled to file another bankruptcy case and receive a discharge or, whether the taxes you are asking about would be dischargeable in the first place. You should probably take all your paperwork and schedule an initial consultation with either a bankruptcy lawyer or a tax specialist in order to get reliable information and answers.
Answered on Jun 25th, 2014 at 12:30 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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It would sort of help to know what years the taxes are for, what kinds of taxes you owe, and in what year you filed bankruptcy. Without any information about your situation, I would have to play EINEY MEENEY MINEY MO to give you even a bad answer.
Answered on Jun 25th, 2014 at 11:22 AM

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Only debts owed at the time of filing are included in a bankruptcy. Debts incurred afterward cannot be included. You would either need to pay the debts or file another bankruptcy, but I am assuming you are within a short time of your bankruptcy. That would likely mean you could not obtain a discharge of your debts, but the tax debts would be paid in full. Further, even if a 7 was available to you, the tax debts would not likely be dischargeable.
Answered on Jun 25th, 2014 at 10:52 AM

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Bankruptcy Attorney serving Chicago, IL
Partner at Porter Law Network
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You cannot amend a closed bankruptcy case to add tax debt. If you received a discharge, there are types of taxes that cannot be discharged. The type of second bankruptcy you can file will depend on many factors. Was the first case a chapter 7 or a chapter 13? How long ago was the first case filed and did you receive a discharge. You should contact an attorney to figure out your options.
Answered on Jun 25th, 2014 at 9:25 AM

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