Tag : IRS

IRS Tax Bankruptcy

Chapter 13, Chapter 7, Taxes & Bankruptcy

Do you owe taxes?  Many who do find themselves facing federal income tax collections and incur penalties, fines, bank levies, or even tax liens when the IRS pursues collections.  Did you know that some taxes can be eliminated and discharged through bankruptcy?  Did you know that bankruptcy can potentially remove tax liens? There are Five […]

Tax Consequences of Restructuring Bad Debt

Bankruptcy Law Overview, Chapter 7, Foreclosure, Taxes & Bankruptcy

The November, 2009 issue of ABA Journal article entitled, The Bad-Debt Blues, explained the need to take federal taxes into consideration when restructuring debt as, “crucial.”  The article provides an excellent overview of the federal tax rules that apply to debt workouts, and focuses on the impact to individual debtors. The recent media blitz touting […]

Chapter 7 Basics

Chapter 7

In determining eligibility to file for a chapter 7 bankruptcy, the basic qualifying factor is income under the Means Test as set forth in 11 U.S.C. 707(b)(2).  The debtor’s income must fall below the Census Bureau’s Median Income by Family Size.   Thus, the Means Test is a two prong test: The first prong being the […]

Federal Income Tax in Chapter 7 Bankruptcy

Chapter 7, Taxes & Bankruptcy

Generally, taxes are treated the same as other debts in a chapter 7 bankruptcy case.  Taxes may be treated as secured, unsecured, or non-priority unsecured, or some combination.  IRS Code, found in 26 U.S.C. 6321, states that the government is secured if it has recorded a notice of lien.  Taxes that have been recorded as […]

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