Can anyone clarify some points made in other posts

[vermontbloke197]

I was reading some posts on this forum the other day regarding 2 issues. One of the posts was regarding federal taxes. The other was regarding a debt that was left off a chapter 7 filing.

1) I was under the impression that federal/ state/ any other kind of taxes can't be discharged in Bankruptcy. However from what I read, this tends to only apply to taxes owed less than 4 years. Is this honestly true? Now I filed pro se "no asset" chapter 7 and received my discharge last week(not closed yet) What I wanted to know is my wife owes about $1500 in back taxes from 1996. Could this be discharged or not.

2) Another interesting point was made in response to another posting when the poster was concerned about an old debt that wasn't included in the bankruptcy because it wasn't on any of his credit reports when he filed but suddenly appeared after he was discharged. One reply stated that even though this debt was not included in the original bankruptcy, it was dischargable by simply sending the creditor the discharge decree. Is this also true. I do find it hard to believe that it is true because what's the point of listing the debt in the first place(apart from following the rules of the bankruptcy court)...............I thought only those debts listed in the bankruptcy could be discharged.

Any clarification on this would be very much appreciated

Thanks again for reading my post.

[AngelinaCat]

Hi Vermont: Did I play the Victory Hamster Dance last week for you? If I didn't I'll rev it up. Congratulations on the Discharge.

As to your questions: As per my understanding of all this, if you and your wife filed jointly, andy Income Taxes owed prior to four years before the filing date can be discharged. Note I said "can be". Exactly what the proceedure is, I don't know. 'Hub and I had HOPED to discharge our 2004 Income taxes, but can't because that year we filed for an extension from April 15 to November 15. If we HADN'T filed for that extension, when we filed BK 7 on Dec. 28, 2007, the 2004 tax would be gone. Had we known this going in, and waited until after April 15, 2008 to file, we would have discharged it.

For question #2, there have been a variety of opinions about that on this board. I don't know the answer either, but we decided to try it. We have a $580.00 telephone bill that arose when AT&T took over BellSouth. The charges ran up, but we never received a bill, I suppose because of the Automatic Stay. To make a long story short, this debt has been sold to a Collection Agency that has been periodically sending paperwork. We eclosed a copy of our Discharge Order with the latest paperwork and sent it to the address listed as being the best place for communication and to make payment--a postal box. We sent it off certified return receipt. It came back TODAY as undeliverable. The return notice said that the box had been closed and there were no forwarding order. So has been our experience so far.

[vermontbloke197]

Hi Vermont: Did I play the Victory Hamster Dance last week for you? If I didn't I'll rev it up. Congratulations on the Discharge.

As to your questions: As per my understanding of all this, if you and your wife filed jointly, andy Income Taxes owed prior to four years before the filing date can be discharged. Note I said "can be". Exactly what the proceedure is, I don't know. 'Hub and I had HOPED to discharge our 2004 Income taxes, but can't because that year we filed for an extension from April 15 to November 15. If we HADN'T filed for that extension, when we filed BK 7 on Dec. 28, 2007, the 2004 tax would be gone. Had we known this going in, and waited until after April 15, 2008 to file, we would have discharged it.

For question #2, there have been a variety of opinions about that on this board. I don't know the answer either, but we decided to try it. We have a $580.00 telephone bill that arose when AT&T took over BellSouth. The charges ran up, but we never received a bill, I suppose because of the Automatic Stay. To make a long story short, this debt has been sold to a Collection Agency that has been periodically sending paperwork. We eclosed a copy of our Discharge Order with the latest paperwork and sent it to the address listed as being the best place for communication and to make payment--a postal box. We sent it off certified return receipt. It came back TODAY as undeliverable. The return notice said that the box had been closed and there were no forwarding order. So has been our experience so far.

Thanks for getting back to me Angie, I suppose I will have to actually ask these questions of a lawyer. With regards to the back tax, it actually originated during my wife's first marriage. We have not heard a thing from the IRS regarding this since 2002 which is probably why I never entered it on the bankruptcy (I forgot) as well as being under the impression that taxes could not be discharged under any circumstances anyway..............What I don't understand about this is the IRS has had plenty of opportunity to take this money because I have had a refund every year except one since I came to the USA in 1999. I am under no illusion that the IRS will be back with avengence one day to collect.

One other question Angie..............when you got your discharge order, did you get a list of the actual debts that were or were not discharged? I just find it irritating not knowing what I have to worry about with regards to the debts not discharged.

[AngelinaCatHub]

Vermont: about the tax. Shhhhhhh, just drop it. Go kick that sleeping dog and you may end up with years of interest and penalties. I would say, it is over. Now as far as what has been discharged on your 7, look at your mailing matrix. All of it. Things that come up, may, or may not as Mrs. stated. If you have an AP as we do, then we will see but that is only one potential creditor. 'Hub.

[ssdsco]

2) Another interesting point was made in response to another posting when the poster was concerned about an old debt that wasn't included in the bankruptcy because it wasn't on any of his credit reports when he filed but suddenly appeared after he was discharged. One reply stated that even though this debt was not included in the original bankruptcy, it was dischargable by simply sending the creditor the discharge decree. Is this also true. I do find it hard to believe that it is true because what's the point of listing the debt in the first place(apart from following the rules of the bankruptcy court)...............I thought only those debts listed in the bankruptcy could be discharged.

From what I understand if you wind up with a no asset BK7 then there's no money to distribute to the creditors so it's not a requirement that all creditors had to be listed. Let us know what your attorney says.

[vermontbloke197]

From what I understand if you wind up with a no asset BK7 then there's no money to distribute to the creditors so it's not a requirement that all creditors had to be listed. Let us know what your attorney says.

Unfortunately I don't have an attorney nor did I use an attorney to do my bankruptcy and as it turned out I saved myself $1000 by filing pro se with no ill effects. I have to call round a few attorneys to find one who will spare me five minutes to answer this question regarding those debts missed off the bankruptcy filing. I wish the person who made the statement would answer this question regarding the debts not listed and old federal taxes............I think it may have been a moderator.

So with regards to the debts that are discharged, it seems that the only way you find out which are discharged and which are not is to check your credit report to see which debts have had their balance reduced to zero..........is that correct?