QUESTION

I am in the process of filing Bk because of business debts. I sold my business in 2010 but could not pay all the debts. this year I have to pay substantial long term capital gain tax which i cannot pay because I have no income since I sold my business in 2010. financial hardship. I have filled jointly income tax return with my wife. BK I am filling as individual. My question is whether I am entitled for relief under BK or I have any other option to get relief in income tax due (even i filled joint tax return)

Asked on Apr 02nd, 2011 on Bankruptcy - Virginia
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I am in the process of filing Bk because of business debts. I sold my business in 2010 but could not pay all the debts. this year I have to pay substantial long term capital gain tax which i cannot pay because I have no income since I sold my business in 2010. financial hardship. I have filled jointly income tax return with my wife. BK I am filling as individual. My question is whether I am entitled for relief under BK or I have any other option to get relief in income tax due (even i filled joint tax return)
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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You can never seek relief from income taxes or any other type of federal taxes in either chapter 7 bankruptcy or chapter 13 bankruptcy. Depending on the type of business that you owned; Corporation or LLC, if you are not a sole proprietor the taxes may be due the company and not you personally. You should seek the advice of an accountant on that matter. But no bankruptcy filing can ever discharge federal taxes owed. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  
Answered on Mar 19th, 2012 at 12:01 PM

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