| I'm filing bankruptcy and I have a tax debt from three | | | | Unfortunately your attorney was wrong on this |
| years of unfiled taxes. I finally filed the taxes. Can I still | | | | occasion. Even if you're in bankruptcy the IRS can still |
| include them in my bankruptcy? | | | | apply your tax refund to your debt. |
| No you can't. Part of the requirements for including an | | | | If you're filing chapter 13 bankruptcy the refund would |
| IRS tax debt in bankruptcy is that none of the years | | | | go to the trustee to be distributed to your creditors |
| you're trying to include can be late filings. Therefore | | | | including the IRS. |
| you won't be able to include that tax debt in your | | | | Should I try to include my IRS tax debt in bankruptcy |
| bankruptcy. | | | | or should I not include it and get a tax attorney to help |
| I'm in the middle of my bankruptcy and the IRS just | | | | me with my IRS debt? |
| sent me a notification of the amount I owe them. Isn't | | | | It depends. If your tax debt meets the criteria for being |
| that against the stay of collections? | | | | included in bankruptcy go ahead and include it. If it |
| The IRS can send you a notification of what your | | | | doesn't meet the criteria, put off your bankruptcy and |
| current debt amount is. They can't collect on it or take | | | | hammer out a deal with the IRS to payoff your debt. |
| any collection actions, but they like to send you a | | | | By the way the criteria for getting your tax debt |
| friendly reminder that they're thinking of you every | | | | included in a bankruptcy are: 1. the debt must be 3 |
| once in a while. | | | | years or older. 2. None of the years in question can |
| My bankruptcy attorney told me that I'd get my tax | | | | have been filed late. 3. None of the tax debt can come |
| refund this year. But the IRS went ahead and applied it | | | | from fraudulent returns. |
| to my tax debt. Was my bankruptcy attorney wrong? | | | | Now you have the smoking gun...Use it! |