This blog is intended to provide basic but useful information about legal matters pertaining to bankruptcy, foreclosure or other debt related matters in New Jersey. The information contained in this blog is in no means intended to substitute for the advice of legal counsel. If you are facing any of the issues in this blog you should consult an attorney directly.
Tuesday, January 29, 2013
Eliminating IRS Debt Through Chapter 7 Bankruptcy
Many times a debtor will have a substantial income which results in a tax liability to the IRS, even though their income is still not enough to satisfy the repayment of their debts. When filing a Chapter 7 Bankruptcy it is critical that all the debtor’s debts are discharged or they will be in a very difficult position after bankruptcy.
It is possible to eliminate all delinquent taxes in a Chapter 7 Bankruptcy. In order to eliminate the debts you must meet certain criteria including:
1) The tax liability must be at least 3 years old to be eliminated.
2) You must have filed your returns. If you filed for extensions it may make you unable to eliminate the delinquent taxes.
3) The IRS has not filed an assessment against you in the last 240 days.
In spite of the above, if you tried to hide from the IRS, you may face a challenge to the discharge. The IRS is very patient, unless you try to avoid them. If this happens, you may still obtain a Chapter 7 Bankruptcy but the substantial IRS debt may remain as a burden you will have to repay.
If you are considering Chapter 7 Bankruptcy and have substantial IRS debt, you should seek experienced legal counsel immediately in order to fully protect your rights. For more information on foreclosure, bankruptcy or other consumer debt related matters in New Jersey visit TheNJBankruptcyAttorney.com.
This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.
Labels:
chapter 7,
consumer debt,
creditor,
debtor,
discharge,
foreclosure,
IRS,
Tax liability,
tax returns,
taxes
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Very informative post.Thanks for sharing.
ReplyDeleteMany taxes are eliminated in bankruptcy. There are several complex rules that apply.Therefore it is best to consult a bankruptcy attorney ad get relief from your debts easily.Chapter 7 NJ