Posted On: January 11, 2011 by David A. Wolf

Can I get my IRS tax debt discharged in a Florida bankruptcy?

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In a chapter 7 you may be able to get a full discharge on tax debt if:

1) the debt owed is at least three (3) years old;

2) if you are not suspected of tax evasion;

3) if the IRS has had at least 240 days to inspect the return for which the debt is owed;

4) not debt related to payment penalties for not filing your returns on time or filing them late and

5) the IRS cannot already have a lien against any of your property for that debt you want discharged.

If all 5 factors are present, you may have a chance to have the full debt discharged in a Ch. 7. In a Ch. 13 you may be able to have the remaining debt (that meets the above description) discharged after your final plan payment.

If you have questions about Florida Foreclosures or Bankruptcy Law contact a Florida Attorney

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