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  1. #1
    Join Date
    Jan 2015
    Posts
    3

    Default Reopening a Chapter 13 Case to Get Discharge of a Late-Discovered Debt

    My question involves bankruptcy in the state of: TX

    HI I have a question.

    So, I went through a successful discharge in a 100% "full pay" plan. All that was in this plan was unsecured, priority debt. My case was sucessfully discharged about 8 months ago. Then, I just now found out about some old taxes that were 17 years old when I first filed the 13. My attorney is talking about opening the case back up, and trying to get it dismissed.

    My question is... Does the income I have, or basically does ANYTHING about my current, present day situation, come into play, or is whether I can get that dismissed based on the "past" and my situation at the time of my chapter 13 filing? Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Reopening a Chapter 13 Case to Get Discharge of a Late-Discovered Debt

    Given that you had a 100% repayment plan, it's not clear that reopening the case would benefit you -- it could be that this new debt would not have changed your plan from being 100% repayment. Your lawyer has the details and we do not, so you need to discuss the facts and your lawyer's strategy with your lawyer.

    Your present financial situation is not relevant to how the bankruptcy court would have treated the tax debt, had it been included in your bankruptcy.

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