Plymouth, IN asked in Tax Law for Indiana

Q: Can you file bankruptsy, if it is IRS,back taxes and medical bills,

we filed 2 times,and we havent filed taxes since i think 2002,we thought we would start trying to file for a year at a time,i believe in 2011,and we were suppose to get a check back H&R block told us,for i believe $2000,and quickly we got a letter in mail we owed them like $2400, now about 3 weeks ago we recied a automated phoane call for IRS ststing they were taking us to court,we dont own anything,both disabled, husand is 66, and is on social security and i have been talking to attorneys about getting my disabliltybut they are saying mostly ,it would be denied again, due to i havent worked sicne 2003,

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1 Lawyer Answer
Linda Simmons Campbell
Linda Simmons Campbell
  • Tax Law Lawyer
  • Burlington, CT

A: The automated phone call you received is likely a scam call. The IRS does not call you and leave a message saying they will take you to court. If you owe money to the IRS they will contact you by mail first. Prior to any levy action the IRS will send you via certified mail a final notice of intent to levy. As far as filing bankruptcy, you will need to go to a bankruptcy attorney and see if you qualify. This is not something we can tell you on this format. I can tell you that you can not discharge tax debt if you have not filed your returns and after you file there is a waiting period. I suggest seeking the advice of a tax attorney regarding your outstanding tax returns and your outstanding liablity. There are collection alternatives available if you cannot afford to pay any liability due. Most of us offer a free consultation. Just stay away from the places you see advertised on tv.

Michelle D. Wynn agrees with this answer

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