[CLBS] Bk for an illegal

[Paul Ross]

We file with an ITIN fairly regularly.  Just make sure the person has a
government issued ID and documentation for the ITIN.

If there was the prior use of another SSN, then you have risks.  May try
Randy's approach of only filing for the spouse, or give plenty of warnings
regarding potential criminal issues.  Never file under an illegal tax
number/SSN.

Paul

On Tue, Feb 12, 2019 at 10:47 AM Randal French <rfrench at rfrenchlaw.net>
wrote:

> Consider not filing for her, just for husband.  All community assets will
> be listed and the discharge will protect all community assets acquired
> after the bk.  For her, the risk is that they get divorced and then the IRS
> would be able to try to collect from her assets after the divorce.  So,
> they should not get divorced.  Statute of limitations for collecting on an
> tax claim is 10 years, so she just needs to remain married to Husband for
> at least ten years from the date of assessment of that tax.
>
> Good luck.
>
> Thanks.
> Randy French
>
> Law Office of Randal J. French, P.C.
> Attorneys at Law
> P.O. Box 836
> Boise, ID 83701
> (208) 859-6881
>
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> -----Original Message-----
> From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Martin
> Martelle
> Sent: Tuesday, February 12, 2019 10:39 AM
> To: Patrick Geile; clbs at admws.idaho.gov
> Subject: [CLBS] Bk for an illegal
>
> We have a client who has a wife who is an illegal in the US.  They needs
> to file BK.  What are the implications of them filing together?  She has no
> SS #.  They filed joint tax returns and owe a huge amount.  The taxes are
> dischargable in Bk, but we are fearful of filing for her.
>
> Any insight would be greatly appreciated.
>
> Marty Martelle
>
> -----Original Message-----
> From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Patrick Geile
> Sent: Monday, February 11, 2019 10:19 AM
> To: clbs at admws.idaho.gov
> Subject: [CLBS] Drop it like its hot
>
> I've decided "Drop it like it's Hot"  will be the theme for our Advocate
> Issue.
>
> Attached are the guidelines for the articles, as well as a typical agenda
> and minutes of our section meetings.
>
>
>
>
>
> Patrick J. Geile
> Foley Freeman PLLC
> 953 S. Industry Way, Meridian, Idaho 83642 P.O. Box 10 Meridian, Idaho
> 83642 Direct line: (208) 947-1563
> Phone:  (208) 888-9111
> Fax:  (208) 888-5130
>
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