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  1. #1
    Join Date
    Nov 2013
    Posts
    2

    Unhappy Can You Discharge Tax Debts in a Personal Bankruptcy

    My question involves bankruptcy in the state of: Maryland

    Hi all!

    I am writing because I am terrified that my attorney doesn't know what he is doing when it comes to a few things in bankruptcy. The biggest fear I have is that he doesn't know how to properly discharge my personal tax debt in bankruptcy. This was one of my main reasons for filing for bankruptcy. I got sick and paid thousands to doctors to try and get better and did not pay my personal income taxes. They are really high. I meet all of the rules to have them discharged. At my first meeting with the attorney he said he knew how to get rid of tax debt in a bankruptcy but at the same meeting I had to explain to him the rules for doing so. I went with him because he was the only one in our legal plan at the time who said he knew how to do this. The other day I went to meet with him and I once again brought up discharging the taxes in bankruptcy and he said he didn't know how much would be discharged. I said I meet all of the rules for all of them to be discharged and he said they look old so you are probably right.

    Well come to find out I spoke with his bankruptcy assistant and she said in all of the years that she has worked there she has never seen taxes discharged in bankruptcy but the attorney must know what he is doing. Last night I panicked and sent his assistant a question asking if anything other than filing a schedule E showing priority claims had to be done because I had read on an attorney's website that other steps needed to be taken other than just meeting rules to discharge personal tax debt in a bankruptcy. She said she would forward my concerns to the attorney and that they filed my petition for bankruptcy yesterday. Now I know that she doesn't even have the right addresses down for the IRS and state. I don't know where she got the addresses from. Does anyone know if anything further other than just listing the debt on schedule E needs to be done? I'm so scared!!!!

    Thank you so much for any help you can give!
    Hope

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Is My Attorney Filing a Chapter 7 Properly to Get Rid of Personal Tax Debt

    Your attorney needs to understand the difference between Schedules E & F; some taxes should go on F instead of E.

    There is another forum - bkforum.com - where several attorneys post. You might want to go into more detail there, and believe me these guys know of what they speak.

    (That's not undervaluing anyone here; but that forum does generally go into far greater detail)

    Ask about how to manage the tax lien, too.

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