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    Old Income Tax Debt

    We filed our Chapter 7 BK today. I just spoke with the IRS to notify them that we've filed.

    The person I spoke to took down the information and said he'd send it along to the "Insolvency Unit" and stop any collection action until the case is settled.

    We have three years of back taxes - all filed on time. 2000, 2001, and 2008.

    I've read that I need to do some special filing to get the old debt discharged with the BK but other people have told me I don't need to do anything special.

    Anyone have experience with this?

    I know I can't discharge 2008 but I'd like to get rid of the older years.
    Chapter 7 filed pro se, 2-16-10 - California
    no asset case
    341 meeting 3-18-10

    #2
    Originally posted by spanky View Post
    We filed our Chapter 7 BK today. I just spoke with the IRS to notify them that we've filed.

    The person I spoke to took down the information and said he'd send it along to the "Insolvency Unit" and stop any collection action until the case is settled.

    We have three years of back taxes - all filed on time. 2000, 2001, and 2008.

    I've read that I need to do some special filing to get the old debt discharged with the BK but other people have told me I don't need to do anything special.

    Anyone have experience with this?

    I know I can't discharge 2008 but I'd like to get rid of the older years.
    If you own a house and they filed a lien against you, then you might need to get that lien stripped. If not, then you should be fine. There is a sticky at the top of this forum about chapter 7 and federal taxes that is very insightful and worth reading:

    http://www.bkforum.com/showthread.php?t=24853

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      #3
      Thanks! We don't have a house so I guess that's good news. So, from a practical standpoint I shouldn't really need to do anything special to get those two years discharged?
      Chapter 7 filed pro se, 2-16-10 - California
      no asset case
      341 meeting 3-18-10

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        #4
        Originally posted by spanky View Post
        Thanks! We don't have a house so I guess that's good news. So, from a practical standpoint I shouldn't really need to do anything special to get those two years discharged?
        Are you using a lawyer? If so, he would know. I believe three FULL years from the last tax year can be discounted. I missed by days.

        Yes, you should not have had to talk to IRS yourself as your Matrix will be sent to them by the Court. Wish you well. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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