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February 10, 2013 By Stephen Kass

Bankruptcy and Tax Obligations

In Chapter 7 bankruptcy, most of the debtor’s debt will be discharged.  However, some tax debts are not dischargeable in bankruptcy.  The obligation to pay taxes is one of the most rigid duties we all share.  In bankruptcy, this usually does not change.  Unless the taxes meet very specific elements required for discharge, the bankrupt debtor must still pay his or her taxes.

Generally, unsecured income taxes are likely to be discharged in bankruptcy proceedings.  Unsecured income taxes are taxes that are not secured by any kind of collateral or a lien.  Collateral is proposed as a borrower’s pledge of specific property to a lender, to secure repayment of a loan.  Similarly, a lien is a form of security interest granted to a lender over an item of property to secure the payment of a debt.   In order for the unsecured income tax to be discharged, the income taxes must have become due over three years before the bankruptcy filing and the tax must have been assessed over 270 days prior.  In order to discharge these older taxes, the taxpayer should have filed a timely and non-fraudulent return.

Still, most taxes have to be paid even after a bankruptcy filing.  As a result, debtors must file taxes yearly.  In addition, filing taxes is the only way tax debt can be determined.  In a Chapter 13 plan, the only way a bankruptcy plan can be constructed is if the bankruptcy trustee and the court knows exactly what the tax debt is.

For the above reason, in a Chapter 13 bankruptcy, the IRS will object to the bankruptcy plan if the debtor has not filed taxes.  It can object on several grounds including lack of good faith, lack of feasibility, or best interests of creditors. The IRS will want to confirm that the tax obligations are a part of the bankruptcy plan.  As a result, the IRS may request that taxes be assessed before any plan is implemented.

If the debtor has filed taxes properly, the IRS generally will not object to a Chapter 13 bankruptcy filing.  As long as the IRS can secure the tax debt it is owed, it will generally accept the methods proscribed.  Sometimes bankruptcy provides the best way for the IRS to obtain the tax payments because the debtor is able to adjust their debt obligations and create a plan that is reasonable for the debtor to stick to.

Filed Under: Bankruptcy

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I highly recommend using Steve Kass as an attorney. I had a serious issue with the IRS involving real property, a company I built and sold, and multiple years of taxes which were unfairly and incorrectly assigned to me and had been hanging over my head because my efforts to negotiate...

Sean

Mr. Kass and his professional office staff helped me through every step of the way which without his expert guidance would not have been successful. Mr. Kass was able to a access my situation quickly and advise me. I highly highly recommend making an appointment with Mr. Kass

Vivian

I consider myself very lucky to have found Stephen B. Kass last year. We were drowning in credit card debt and were on the verge of filing bankruptcy. Mr. Kass was able to negotiate with all of our creditors and reduce the balances SIGNIFICANTLY. Within one year we are debt free

Alexandra

Stephen and legal staff provided superb, accurate, and detailed financial analysis. Stephen has an exquisite knowledge of financial planning and tax law, and was able to make tailored, individualized recommendations that have helped me tremedously with regard to long-term financial planning and resolution of tax issues. Office staff are skilled

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I had a great experience with Stephen Kass. He took legally complicated case from another attorney and resolved it. Years later, when his assistance was needed, he responded right away, remembering every detail of the case. He is an expert in his field and great person to work with.

Victor

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