Colorado Bankruptcy Lawyers - Taxes
Tax dischargeability is, at best, confusing to many bankruptcy lawyers and a trap for
almost all non-bankruptcy lawyers. Taxes are dischargeable, but only upon very specific terms, that are
subject to change and politicized case law interpretation. 11 U.S.C. 523. - Exceptions to discharge - provides
(a) discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual
debtor from any debt - (1) for a tax or a customs duty - (A) of the kind and for the periods specified in section
507(a)(2) or 507(a)(8) of this title, whether or not a claim for such tax was filed or allowed; (B) with respect to
which a return, if required - (i) was not filed; or (ii) was filed after the date on which such return was last
due, under applicable law or under any extension, and after two years before the date of the filing of the petition;
or (C) with respect to which the debtor made a fraudulent return or willfully attempted in any manner to evade or
defeat such tax.
Colorado Bankruptcy Lawyers - In Practice
Presently, only taxes which were declared, due, and payable more than two before filing are dischargeable. Any
deviation from full disclosure will prevent discharge. In practice, expect liens to attach before the expiration of two
years. Tax liens will be enforced against specific property regardless of filing. Bankruptcy lawyers recently recoiled
after Antonin Scalia, for the U.S. Supreme court, opinioned that "equitable tolling" prevents the two-year
period from running unless specifically commenced by indisputable statutory language. Obviously, any
statutory language can be disputed by even a modestly talented bankruptcy lawyer.
For maximum benefit, most debtors interview several bankruptcy lawyers before committing to any course of
action. Interviewing bankruptcy lawyers requires a degree of expertise. Federal laws, state laws, and
local rules combine to form the practice standard used by Colorado bankruptcy lawyers and courts. These laws evolve
continually
with new statutory amendments and case decisions. The most successful debtors compare the opinions of several
bankruptcy lawyers, and with targeted questions, discover the most beneficial path to pursue.
Back to Colorado Bankruptcy Lawyers FAQ questions and bankruptcy lawyer information.
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