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  1. #1
    Join Date
    Feb 2013
    Posts
    2

    Default Date to File on Income Tax Debt

    My question involves bankruptcy in the state of: Oregon

    I have half a million unpaid State+Irs debt I will declare bankruptcy on later this year. This debt was from 2009. I filed an extension on my taxes that year so they were filed in early October 2009.

    I am going to file my own bankruptcy because I cannot afford an Attorney.

    I have a few questions...
    1. What is the earliest I can file?

    2. What would happen if I filed a few days before that date on accident? Would I not be able to file for another three years or would I be stuck with the debt a full ten years?
    I am confused because the taxes were filed at like October 5, 2009, but on the distraint warrant it says "2009 12 1" below "Year, Period, and Liability".

    3. What is the best bankruptcy software I can use to self-file and have the court fee waiver?

    Also, do I need to do those consumer debt education course things? My debt is primarily not consumer debt...
    I don't want to mess anything up... Thanks!

  2. #2
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Date to File on Income Tax Debt

    Sorry, but with a question as to your ability to discharge half a mil in taxes and your obvious lack of understanding about basic bk requirements, the best thing you could do is figure out a way to pay for a good attny.

    Des.

  3. #3
    Join Date
    Feb 2013
    Posts
    2

    Default Re: Date to File on Income Tax Debt

    I already talked to an Attorney and they reviewed everything and said I could clear all of my debt with my situation.

    However, I figured I would just do it myself instead of paying them 2k. It's not that complicated.

    I just need to pull my credit reports, plug in all the info into some bankruptcy software, in addition to the medical debt, tax debt, etc etc... Print out 100 pages and file. Viola!


    Oh, I solved the earliest date I can file. It's October 16th.

    Hmmm... The only unknown left is that consumer debt education thing? Do I need to do that and when would I need that certificate?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Date to File on Income Tax Debt

    It's not that complicated?

    Really?

    You go right ahead then.

    If you can't even manage to figure out what you need to do and when, you're in trouble.

  5. #5
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Date to File on Income Tax Debt

    I cannot comment on software but I do have a question. . .

    For the tax years that you believe are dischargeable, did the taxing agency file a return on your behalf?

    Even if they did not, you might want to read. . .

    http://opinions.ca5.uscourts.gov/opi...46-CV0.wpd.pdf

    The interesting part starts on page 7 and just may be the wave of the future. I can tell you that it already is if a substitute return was filed. Now, you are in the 9th Circuit so, unless a substitute return was filed, so far, you are ok but. . . one never knows. . . does one?

    And, even if the late filed return is not an issue, did the taxing agency record any liens? If so, you will still owe taxes up to the value of all of your otherwise unencumbered property.

    Again, not so simple and best handled by an attny.

    Des.

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