[CLBS] Discharging Tax Liability

[Randal French]

You do not need to take any additional steps to get the debt discharged.  If the IRS agrees that your client meets the requirements, then the debt is discharged.  If not, then it will continue collecting after the discharge is entered and the stay ends.  I would wait until you see anything that makes you believe that the IRS believes that the debt is not discharged.  If it does do anything that makes you think that it thinks the debt is not discharged, you might ask for an explanation or analysis.  You can file an action to determine whether the debt is discharged at any time by re-opening the case.  

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tyler McGee
Sent: Tuesday, March 05, 2013 3:33 PM
To: clbs at admws.idaho.gov
Subject: Re: [CLBS] Discharging Tax Liability


BTW, I'd like to file a ch. 7, and there are no tax liens. 

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tyler McGee
Sent: Tuesday, March 05, 2013 3:22 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] Discharging Tax Liability

I've never actually had a client in this situation, but I actually picked up a case where the tax liability seems to be dischargeable (no fraud, filed on time or more than 2 years before bankruptcy, due more than 3 years ago, no willful evasion, etc). What are the additional steps, if any, that I need to take to get this debt discharged? Do I bring an adversary action determining dischargeability? Or if the tax liability meets the requirements is it automatically discharged?

Tyler J. McGee

ROY, NIELSON, BARINI-GARCIA & PLATTS
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