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Where do i list irs debt? Confused!

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    Where do i list irs debt? Confused!

    I am aware that back income taxes can be discharged in BR if they meet the criteria (at least 3 years since were filed, etc.). I am confused however as to where the debts should be listed in my filing forms.

    Some details on my case; I will be filing Chapter 7 BR (yes I qualify for Ch 7)

    Some specific questions;
    1. On Schedule E - "Unsecured Priority Claims" there is a checkbox for "Taxes and
    Certain Other Debts Owed to Governmental Units" I need to check that box, correct?

    2. Most of the information I have been reading says that back IRS taxes that meet the criteria should be listed in Schedule F - UNSECURED NONPRIORITY CLAIMS. Is that correct or should I list them in Schedule E - UNSECURED PRIORITY CLAIMS? A bit confusing to say the least.

    Thanks

    #2
    If you believe you have met the test for discharging the taxes, they are listed on Schedule F. Schedule E would show "none". Just remember, if you are wrong as it relates to the tax being discharged, the fact that you listed it on Schedule F is irrelevant. Either it is or it is not discharged, no matter where it is listed.

    Des.

    Comment


      #3
      Hi clickman,

      Are you filing pro-se (yourself) ? If you are, do you have the NOLO book? www.nolo.com Apparently a 'must have' for pro-se filers.

      Another caution is to read your Local Bankruptcy Rules found on your BK courts website. This will tell you where they do things a bit differently than the NOLO book or other courts.

      Of course, if you are not filing pro-se, forgive the extraneous advice.....

      Welcome aboard,

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

      Comment

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