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Attorney skipped out on me - Tax debt IRS claims was not discharged...

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    Attorney skipped out on me - Tax debt IRS claims was not discharged...

    Hello - I recently had a Chapter 7 discharged. I live in California and filed through the Central District of CA. I owed some IRS tax debt that was more than 3 years old. My attorney said it was going to be discharged. Just before my discharge, my attorney got out of the BK business and is going to charge me $450 to speak to him or the guy who took over.

    Does anyone know who I can contact to find out what's going on? I think the IRS may be wrong, but they are not cooperating.

    It's a matter of like $40K for me, so any and all advice is very much appreciated!

    #2
    The IRS is usually pretty good at these determinations but it is possible that they messed up. Please realize that it's more than just 3 years. It's 3 years from last due; example, tax year 2016 could not be discharged unless you filed a case after April 15, 2020. It's also for which a return was filed at least 2 years before filing the bankruptcy. And, it cannot have been for a tax assessed within 240 days of filing. You must meet all three of those conditions.

    As I wrote, the IRS is usually pretty good at the determination. You'll have to reassess exactly when you actually filed the tax, whether it was last due more than 3 years before filing the Chapter 7, wasn't assessed 240 days before, and the return was actually filed more than 2 years from filing the bankruptcy.

    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.

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