I filed Chapter 7 and was discharged in March. However I just discovered that th IRS claims I owe them more than $12,000 which I had no idea about. They are saying this is from the year 2000. However I received refunds the last two years and have never received a bill. Since I didn't know about this debt, of course I didn't include it in my bankruptcy. While I plan to dispute this debt, I am likely faced with the prospect that I will lose my dispute. I therefore need to know if I can retroactively include this in my bankruptcy as an unknown and unbilled prior debt? Thanks for any advice!
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About the only recourse I know of is to Reopen your BK case.
Maybe something to ask your attny about.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen... -
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Thanks very much for your replies. To follow up, what is involved in reopening the case? Is it difficult to do or does it simply require filing additional paperwork? I did have a lawyer for my original case but I am sure he would want additional fees to reopen the case. What do you suggest I do? Thanks!!!Comment
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Of course he will charge extra. And it will be money well spent. If he can pull it off successfully with cooperation from the trustee/court, wouldn't you rather spend the 1k on your attorney, vs. 12k + interest + fees & penalties?Comment
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Thanks again for your reply. I did some searching on the board (should have done first before posting) and found some suggestions regarding folks who have debts that were not originally listed in the Chapter 7. There seems to be some debate as to whether or not the need to reopen arises. Some say that in a no-asset case (such as mine) that the debt is still discharged regardless of the fact that it wasn't listed. Others suggest that the case needs to be reopened. I don't know how any this applies to the IRS. I will contact my attorney but I thought I would arm myself with some knowledge first. Thanks again!Comment
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You could always send a copy of your discharge papers to the IRS first, see if that worksComment
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One thing you need to know,............ The IRS doesn't work like any other Creditor. They go from the date the Taxes were due and payable.
Since your tax bill is for tax year 2000, that means the taxes were due and payable on or before April 16, 2001. (April 15, 2001 fell on Sunday that year and Emancipation Day wasn't a Washington, DC Holiday until 2004.)
In order for the IRS tax debt to be Discharged, you would have had to file BK after April 15th, 2004.
Just an FYI for you.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...Comment
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I owed the IRS about $20K but it was not dischargeable as it was within the time frame & I had to pay it off...check with a few attorneys on this one for sure...you do not want to be in debt to the IRS, of all people.
I still owe $5K for 2005...I had file in 2005 and am trying to work out a payment plan...but a payment plan on $12K would be difficult, especially in bk...
You need good, sound advice.Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
Who it was we were below, where we've been and where we go
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