Home -> Law Blog Directory -> Bankruptcy Blogs -> Bankruptcy Law Network
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Bankruptcy
: Bankruptcy Law NetworkDoes Bankruptcy Clear IRS Debt?
By Kent Anderson, Oregon Bankruptcy Attorney
Bankruptcy can clear some types of tax debt. It will not clear a federal tax lien that has attached to your assets. However, when no tax lien has been filed, income tax debt can be discharged and cleared from your record if some very specific requirements are met in either a Chapter 7 or a Chapter 13 proceeding. Not only can bankruptcy clear IRS income tax debt, it can get rid of state and local income tax debt as well.
Timing is an important issue in clearing a tax debt and there are some other basic steps that must be followed. To discharge income tax debt, the following rules apply:
- Your tax returns must have been due three years or more before the petition was filed;
- Your tax returns have to have been filed more than two years before the petition;
- The tax you owe must have been assessed against you by the government for at least 240 days before the case is filed;
- Your tax returns must have been truthful and not fraudulent; and,
- You must not have been intentionally attempting to evade or defeat the tax when you failed to pay.
There are some technical rules that can complicate a discharge of tax, but in most cases the tax will be discharged if the above requirements are met.
If a notice of federal tax lien has been filed by the IRS, the tax debt covered by the lien becomes attached to any assets you own at the time it is filed. What is worse is that it attaches to anything new you get so long as the lien is in effect. This applies as long as you owe the tax. Until the collection time limit expires or the tax debt is cleared the lien remain in place.
Full post as published by Bankruptcy Law Network on July 19, 2010 (boomark / email).
Bankruptcy Law
A complete prime (pre-2005)
How to Stop Home Foreclosure
Bankruptcy can Stop Foreclosure
The Mortgage Forgiveness Debt Relief Act
Phantom Income Relief on Debt Cancellation
Collection Agencies and Creditors
How to deal and stop the harassment
The Paulson Toxic Mortgage Debt Security Act: The Biggest Government Bailout of All Time
Legislative Proprosal for Treasury Authority to Purchase Mortgage-related Assets
Emergency Economic Stabilization Act of 2008
Bailout Bill HR124
Bankruptcy
helping to get you out of debt.
Creditor Debt
Trophy Resources agrees to $600,000 debt settlement.
Air Line Bankruptcy
BCI Aircraft Leasing agrees to pay $600,000 settlement related to Delta Air Lines bankruptcy claims.
Bankruptcy Reorganization
Calpine Corp. pays $2.13 million bankruptcy settlement.
Clear
Verified Identity Pass Face Class Action
Mel Harris and Associates Debt Collection
Face Class Action for Alleged "Sewer Service" Practices

Does Bankruptcy Clear IRS Debt
What Is The Function Of Bankruptcy Law
Considering Debt Settlement Perhaps Bankruptcy Is Cheaper And More Efficient
Debt Canceled v. Discharged: A Taxing Matter
"Debt Settlement" vs. Bankruptcy
Alternatives to Bankruptcy if Your Debt is Less than $20,000










