New York Bankruptcy Lawyer Help - Taxes, Income Tax, Discharge
11 U.S.C. 523. - Exceptions to discharge - provides (a) discharge under section 727,
1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt - (1)
for a tax or a customs duty - (A) of the kind and for the periods specified in section 507(a)(2) or 507(a)(8)
of this title, whether or not a claim for such tax was filed or allowed; (B) with respect to which a return,
if required - (i) was not filed; or (ii) was filed after the date on which such return was last due, under
applicable law or under any extension, and after two years before the date of the filing of the petition; or
(C) with respect to which the debtor made a fraudulent return or willfully attempted in any manner to evade or
defeat such tax.
New York Bankruptcy Lawyers In Practice
Only taxes which were declared, in a tax return, past due, and
outstanding for more than two before filing New York bankruptcy are
dischargeable. Any deviation from complete disclosure in a properly
filed tax return will prevent discharge. In practice, expect liens to attach
long before the expiration of two years. Tax liens will be enforced against specific property regardless of filing.
Also note that any creditor, or their bankruptcy lawyer, may object to discharge. The debtor and their
bankruptcy lawyer receive will prevail if the opposing party fails to meet their burden of proof. The trustee,
or their bankruptcy lawyer, or the court upon it's own motion, may also initiate objections.
The majority of personal bankruptcy lawyers certified in
consumer Chapter 7 and Chapter 13 cases offer free initial
consultations. Potential clients may review all options available and
ask any question deemed important. All attorneys are bound by the
attorney client privilege and must zealously guard confidentiality.
Because of recent amendments to new bankruptcy laws, by passage of the
latest reform bill known as the Abuse Prevention Act of 2005, debtors
will find qualification for debt relief somewhat more difficult. Yet
these laws also present new options, alternatives, and means of
discharging debt that were previously unavailable. Now, more than ever,
the assistance of qualified representation before federal courts is
essential to gain maximum benefits provided by law.
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