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IRS payments

Posted By: Extext User on 2007-06-12
In Reply to: My IRS nightmares - Frustrated

After doing a lot of research on our own, we filed Chapter 7 in October 2005 pro se (without an attorney) because from what attorneys charge and what they actually do for you isn't much when it involves bankruptcy and with the new laws that came in to play in 2006 we figured they would be swamped with filers who didn't want to wait until the new laws went into effect.  many of them also aren't very familiar with BK laws and you really need to interview at least 5 or 6 lawyers before picking one.  We did not want to go to the trouble.


Student loans and IRS debts are never discharged in bankruptcy, unfortunately; however, if your tax debt is over 3 years old it might be forgiven as long as it was all due to income, two years lapsed since filing, and it was included in your schedule and discharged.  You also need to check your bankruptcy laws for your state-the above is federal, but you need to get out your discharge papers and your schedule of debts to make sure you included the taxes.  Any additional tax debts you incurred after you were discharged cannot be included in the bankruptcy.  You probably knew this already.  Any debts you incurred before the discharge can be.  Just make sure it is on your schedule and that the IRS was notified of your discharge.  You can open an account on Pacer if you don't already have one if you don't have your BK paperwork. I'm assuming the bankruptcy court in your state uses Pacer.  Most of them do.  Here is the website:  http://pacer.psc.uscourts.gov/


Good luck.  It will take a lot of paperwork and going back and forth but I bet you could do it.  Also, a lot of times, when you file BK using an attorney, they are usually done with you once you're discharged unless that was included in our contract for an extra fee.




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Hope this helps!