QUESTION

I owe fed and state tax can I go bankrupt against both.

Asked on Feb 19th, 2014 on Bankruptcy - Georgia
More details to this question:
Owed tax since 2003 when I filed. Tax is a result of using 401K monies when I lost my employment in 2003. Have made no payments. Few old creditors not amounting to much. Used 401K monies to pay them. Have a pc of Land my mother gave me worth about $5000.00.
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1 ANSWER

Bankruptcy Chapter 13 Attorney serving Athens, GA
2 Awards
Section 523 of the U.S. Bankruptcy Code governs the dischargeability of taxes. Generally, taxes on income owed to the IRS or a state are not dischargeable in bankruptcy unless they are owed for a taxable year for which a return was due more than three years before the filing of the bankruptcy case, and certain other requirements are met.   For example, the return for the 2009 tax year would normally have been due on April 15, 2010.  Taxes for that year would not be dischargeable in a bankruptcy case unless the case was filed after April 15, 2013.  Often, some of the tax obligation is dischargeable, but the more recent taxes are not.  In that case, the dischargeable portion can be wiped out in a bankruptcy, thereby substantially reducing the total obligation. Even if your income taxes are not dischargeable in a Chapter 7 bankruptcy, you may be able to deal with them through a Chapter 13 plan.  In many Chapter 13 cases, we are able to set up a plan to repay the taxes, without future interest, while discharging other unsecured debts like credit cards and medical bills.  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH WORK INJURIES, BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.
Answered on Feb 20th, 2014 at 5:21 PM

Our response is for general information only. No attorney client relationship is created. Always consult with a qualified attorney directly.

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