QUESTION

If I file bankruptcy can I include an I.R.S. debt of 8,000 dollars?

Asked on Jun 12th, 2013 on Bankruptcy - California
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13 ANSWERS

Chapter 7 Bankruptcy Attorney serving Appleton, WI at Sisson & Kachinsky Law Offices
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No. Federal or state government debts can't be included.
Answered on Jun 15th, 2013 at 8:24 AM

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You can. In fact, you have to list all of your creditors. It can be dischargeable, but there are several requirements. You need to discuss this with your bankruptcy attorney.
Answered on Jun 12th, 2013 at 10:24 PM

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Sanford M. Martin
You must include all debts, even IRS debts which may not be discharged, depending on the date of such liability.
Answered on Jun 12th, 2013 at 10:23 PM

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Personal Injury Attorney serving Glendale, CA at JT Legal Group
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Yes, but only under certain circumstances. It's too complicated for me to explain over the internet and this is an area where many attorneys get in trouble.
Answered on Jun 12th, 2013 at 1:35 PM

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Personal Bankruptcy Attorney serving Portland, OR
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Whether that tax debt will be discharged in a bankruptcy depends on a number of factors. To have an attorney determine that for you, you will need to know what tax year(s) the debt originates from, when the tax returns were filed with the IRS, when they were assessed by the IRS, and whether they have been audited or re-assessed.
Answered on Jun 12th, 2013 at 1:34 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You include every debt you owe in any bankruptcy case. Whether you may be able to eliminate this debt in bankruptcy would require a lot more detailed information, such as what tax year the debt is for, whether the return was filed on time or late, and why you had this tax debt.
Answered on Jun 12th, 2013 at 12:00 PM

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General Practice Attorney serving Coeur d'Alene, ID at Michael B. McFarland, PA
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Yes, you must include a listing of all your debts. The question is whether or not the IRS debt is dischargeable. If it was assessed within the last 3 years, it may not be dischargeable, but if it's more than 3 years old, it probably is. Even if you can't discharge it in a Chapter 7, you could pay it through a Chapter 13 - and assuming no tax lien, you would not pay interest after the filing date of the bankruptcy. Talk to an experienced bankruptcy attorney.
Answered on Jun 12th, 2013 at 12:00 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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Filing bankruptcy requires that you list all of your assets and all of your debts, that includes the IRS. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.
Answered on Jun 12th, 2013 at 11:37 AM

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Bankruptcy Law Attorney serving Livingston, NJ
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IRS debts are not usually dischargeable but payable through a Chapter 13
Answered on Jun 12th, 2013 at 10:12 AM

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Maybe, maybe not. It depends on a number of factors relating to the debt.
Answered on Jun 12th, 2013 at 10:09 AM

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Bankruptcy Attorney serving Henderson, NV at Jeffrey A. Cogan Chartered, a PLLC
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Is the debt from 2009 or earlier? Is it for income taxes or 941 taxes that you as an employer withheld from your employees pay check? Did you file your tax returns in the year that you were supposed to? Only after answering these questions can a lawyer give you proper advice.
Answered on Jun 12th, 2013 at 10:08 AM

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Yes, but it won't be discharged unless it is over 3 years old.
Answered on Jun 12th, 2013 at 10:08 AM

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Bankruptcy Attorney serving Walnut Creek, CA at Alan E. Ramos Law Offices
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When you file a bankruptcy petition, you MUST include ALL of your debts and all of your assets. Federal and State income taxes are not dischargeable, except in very specific circumstances. You need to see a competent attorney and have him/her review your specific circumstances.
Answered on Jun 12th, 2013 at 9:53 AM

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