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I got a discharge why are they calling

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  • I got a discharge why are they calling

    Hello All,

    I filed for Chapter 7 in June of this year and recieved an Order of Discharge 10/2/17.

    Is there a way to find out exactly what happened? The order doesn't give any details other than the discharge date.

    Since the day I recieved the letter indicating the discharge, I have recieved a letter from the IRS indicating that I still owe them for an error I made on my taxes in 2012 (and they were included in my BK) and I have recieved a phone call from one of the debt collectors that I also included in my bk.

    Also confusing is that my fica score has gone up, I believe like 10 points or less and my report still shows the accounts I had but not the IRS or the other that is calling me.

    Any help to understand this would be great.

    Last edited by MsBobina; 01-02-2018, 02:43 PM. Reason: Typo in title

  • #2
    Are you certain the taxes were discharged? If so, did the IRS have a lien on property that was not removed in your bankruptcy?

    Is the other creditor an unsecured or secured creditor? If secured, they have a right to try to collect the collateral.

    When a creditor tries to collect a discharged debt, you should send them a copy of the Order for Discharge along with a letter telling them that if you they do not immediately stop contacting to try to collect the debt, you will file a complaint in Bankruptcy Court requesting sanctions be imposed for their willful violation of the permanent injunction against collect a discharged debt. Send the letter by certified mail, return receipt requested so that you have proof that any continued violation is willful.

    It is not surprising that your credit score would go up after bankruptcy. That will continue with time unless you start missing payments again.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


    • #3
      As LadyInTheRed wrote, the IRS taxes may not have been discharged. I think that they were not discharged as they do not fit the 3/2/240 rule. First, the taxes must have last been due 3 years before filing the bankruptcy. Tax Year 2012 taxes were due, without penalty, around April 15, 2013. If you filed in 2017, then you meet the first test. The second test is whether you filed within 2 years of that due date. I'll assume that you filed on time. The last is the 240 day test from assessment. If that underpayment of taxes wasn't assessed until 2016, then you may have some issues with discharging that tax. The IRS is pretty good about determining the 3/2/240 rule so they must believe that you failed one of the tests (and I can only imagine that it's the 240-day assessment test).

      If all that is correct, then the IRS is not violating the stay.

      You would need to give more information about the other creditor. The type of creditor matters in whether they are allowed to continue certain collection activities.
      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.


      • #4
        Hello Ladies,.

        Thank you for your responses. I apologize but I'm a bit mixed up. I thought that I had received a letter from the IRS regarding the bankruptcy however I am not positive of that now because apparently with my debt went my brain, and I can't find the letter. So to answer your question Lady, I don't know if the taxes were discharged or not. To be honest I don't know if anything was discharged. Especially since I received a phone call from a collector, which by the way was an unsecured debt. They haven't called me back though, so I guess we'll see. As far as the taxes, jb mentioned the 3/2/240 rule to me before I filed and I believe I determined that I met the rule but I can't be sure. I'll need to pull my paperwork and see. Technical difficulties with the new laptop atm though. I was told that more than likely the taxes would be discharged considering I'm permanently disabled and have little income.

        Is there a way to find out more information about what happened? I'd really like to be sure which creditors were discharged and if any were not.

        Thanks again.


        • #5
          You could always call the IRS on their well published number. They will give you your account information or send it to you in the mail upon your request.
          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.


          • #6
            Thank you for your help.


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