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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!

    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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