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

[seancro05]

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!

[justbroke]

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.