Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Chapter 7 and Federal Taxes

Collapse
This is a sticky topic.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Actually, discharging tax debt has very little to do with state by state issues. The BK code determines if the tax is discharegable.

    Sounds like you need to have further discussions with your lawyer. I am concerned, when you say the lawyer files the most cases in the county, that is sometimes not a good thing when you have a hands on case.

    Comment


    • Originally posted by HHM View Post
      Actually, discharging tax debt has very little to do with state by state issues. The BK code determines if the tax is discharegable.

      Sounds like you need to have further discussions with your lawyer. I am concerned, when you say the lawyer files the most cases in the county, that is sometimes not a good thing when you have a hands on case.
      Okay, for the answer about the state, thank you. Second, yes I agree, further discussion is needed with attorney or para-legal. The 2nd attorney was the one that kind of boasted that he does the most cases in our very large county, I'm thinking he said that to comfort us in some way. My gut is telling me to go with the 1st guy even though he is somewhat arrogant, and very pompous and he will tell you he's one of best attorney's around. But, I am a supreme worry wart by nature and over think things to the max. Ugh.....what to do, what to do?
      Last edited by butterfly57; 12-21-2011, 11:26 AM. Reason: spelling

      Comment


      • I read through this entire thread and want to verify one thing; if a lien is filed, the tax debt survives the bankruptcy, NO MATTER HOW OLD?

        I have been trying to avoid filing bankruptcy for a long time, but now it has come to a boiling point and I cannot even to go grocery shopping, NO EXAGGERATION.

        Comment


        • Originally posted by techguy74 View Post
          I read through this entire thread and want to verify one thing; if a lien is filed, the tax debt survives the bankruptcy, NO MATTER HOW OLD?

          I have been trying to avoid filing bankruptcy for a long time, but now it has come to a boiling point and I cannot even to go grocery shopping, NO EXAGGERATION.
          Correct, if there is a tax lien, the lien survives bankruptcy. However, tax liens are only good through the statute of limitation to collect the underlying tax (10 years), unless the IRS went to the trouble to get a civil judgment.

          Also, if the tax lien is for a tax debt that can be discharged, then the lien is only worth the equivalent of your assets. So, for example, if the tax lien is for 20K, but you only have $2,000 in assets, after bankruptcy, you will only owe $2,000, not all $20K.
          Last edited by HHM; 01-18-2012, 11:51 PM.

          Comment


          • Originally posted by HHM View Post
            Correct, if there is a tax lien, the lien survives bankruptcy. However, tax liens are only good through the statute of limitation to collect the underlying tax (10 years), unless the IRS went to the trouble to get a civil judgment.

            Also, if the tax lien is for a tax debt that can be discharged, then the lien is only worth the equivalent of your assets. So, for example, if the tax lien is fir 20K, but you only have $2,000 in assets, after bankruptcy, you will only owe $2,000, not all $20K.
            Also be cautious if you have a 401k the IRS could still go after it to satify the lien. There is previous case law for this option. Because your 401k is excluded from your BK it is not exempted.

            Comment


            • Do I have to pay the IRS monthly payments for three years and after that I can discharge them? How does that situation relate to the Ch13 I am about to file now?

              Comment


              • Originally posted by strawfox View Post
                Do I have to pay the IRS monthly payments for three years and after that I can discharge them? How does that situation relate to the Ch13 I am about to file now?
                That depends on if you are paying the IRS with spam.

                ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                Not an attorney - just an opinionated woman.

                Comment


                • Nice information share thanks to all of you..

                  Comment


                  • Hi! Do you know if a tax penalty for filing late can be included in a bk 7? If so, can these be discharged with all other debts? TIA!

                    Comment


                    • Originally posted by NewStart2012 View Post
                      Hi! Do you know if a tax penalty for filing late can be included in a bk 7? If so, can these be discharged with all other debts? TIA!
                      If the taxes are dischargable, then yes, any associated punitive penalties, e.g. late filing penalty, are also dischargable.

                      Comment


                      • We just filed taxes earlier this year. I read on here that taxes are incl in discharge if filed over 3 years ago. Does that mean since we just filed this year and the penalties were issued this year, they can't be included in the bk?

                        Comment


                        • Originally posted by NewStart2012 View Post
                          We just filed taxes earlier this year. I read on here that taxes are incl in discharge if filed over 3 years ago. Does that mean since we just filed this year and the penalties were issued this year, they can't be included in the bk?

                          What tax year were they for? If they are 2011 income taxes - no.

                          From: http://www.nolo.com/legal-encycloped...ing-29550.html

                          When You Can Discharge a Tax Debt

                          You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of the following conditions are true:
                          • The taxes are income taxes. Taxes other than income, such as payroll taxes or fraud penalties, can never be eliminated in bankruptcy.
                          • You did not commit fraud or willful evasion. If you filed a fraudulent tax return or otherwise willfully attempted to evade paying taxes, such as using a false Social Security number on your tax return, bankruptcy can't help.
                          • The debt is at least three years old. To eliminate a tax debt, the tax return must have been originally due at least three years before you filed for bankruptcy.
                          • You filed a tax return. You must have filed a tax return for the debt you wish to discharge at least two years before filing for bankruptcy.
                          • You pass the "240-day rule." The income tax debt must have been assessed by the IRS at least 240 days before you file your bankruptcy petition, or must not have been assessed yet. (This time limit may be extended if the IRS suspended collection activity because of an offer in compromise or a previous bankruptcy filing.)

                          ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                          Not an attorney - just an opinionated woman.

                          Comment


                          • Thank you so much for the info ValleYum! It was for 2010; so, guess not Bummer! Thanks again.

                            Comment


                            • Originally posted by NewStart2012 View Post
                              Thank you so much for the info ValleYum! It was for 2010; so, guess not Bummer! Thanks again.
                              Awww - drats! I am glad the info helped!!
                              ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                              Not an attorney - just an opinionated woman.

                              Comment


                              • Double drats ;) Thanks again tho!

                                Comment

                                Unconfigured Ad Widget

                                Collapse
                                Working...
                                X