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Chapter Summary: Bankruptcy

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Some of the most common questions we hear at our Sacramento bankruptcy office are centered on how bankruptcy affects tax debts. It’s not surprising that individuals want to know how filing a Chapter 7 or Chapter 13 bankruptcy will affect those tax debts imposed by the IRS. The good news is that in certain situations, you can discharge tax debt using Chapter 7 bankruptcy, and in other situations you can gain additional time to pay back taxes using Chapter 13 bankruptcy.
Discharge Tax Debt
As aforementioned, certain types of taxes can be discharged if they meet certain criteria. Historically, Chapter 7 bankruptcy has been a much more efficient way at discharging or wiping out tax debts, but not everyone will qualify for Chapter 7 bankruptcy protection. If you are able to pass the “means test” and become approved to proceed with a Chapter 7 bankruptcy filing, your tax debt will only be discharged if:
- The tax debt is three years old or more.
- You have filed your tax …show more content…

The automatic stay can also stop foreclosures, repossessions, utility disconnections, and in some cases, tax liens. It’s important to note that an automatic stay will not prevent tax liens that are associated with property taxes due after your bankruptcy filing, or liens associate with taxes that cannot be discharged in bankruptcy. Additionally, an automatic stay is only a temporary relief from IRS tax collection activities, and the IRS must be properly notified of your bankruptcy filing by listing them as a creditor on your bankruptcy forms. The key to avoiding tax liens is to file BEFORE the lien is recorder as even Chapter 7 bankruptcy will not eliminate existing liens. What Chapter 7 bankruptcy can do is wipe out your personal obligations to pay the tax debt and keep the Internal Revenue Service from garnishing your

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