Tempe, AZ asked in Bankruptcy for Arizona

Q: I've paid my last two years of taxes but I still have an overdue tax bill from three years ago. I'm struggling to keep

up. Can I get the tax bill discharged if I decide to file for bankruptcy?

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3 Lawyer Answers
Diane L. Drain
Diane L. Drain
Answered
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: It depends on several factors. Please understand that bankruptcy is a very complicated process, so you need to take time to educate yourself about bankruptcy before jumping into the unknown. As part of your education watch the Bankruptcy Court videos (link below) which explain the bankruptcy players and how bankruptcy works. Important - do not assume the information you see on the Internet is accurate or applies in your situation.

Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy. Please take time to educate yourself and to determine which attorney is the best to assist you in the process. It is best to interview two or three attorneys before making a decision who to hire. Talk to the attorney you will be working with, not a staff person. When interviewing the attorney ask how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask about their policy of returning phone calls. Ask the attorney for references. Don’t assume the attorney is being honest about their experience and capabilities. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar (make sure they do not have complaints), also look at their on-line reviews.

Any good bankruptcy attorney should be committed to answering specific questions about your situation and help you understand your options. At all times remember this is your bankruptcy and you should understand what is happening. The attorney should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. In other words, they should be your guide through this process. There are hundreds of “bankruptcy” attorneys in Arizona. Of those just a few will fit the criteria set forth above.

https://www.youtube.com/watch?v=jobpaNCY-LU&feature=player_embedded

I hope this information is helpful.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Its possible if they are more than 3 years old although you need to consult an experienced bankruptcy attorney beforeyou make a move.

Diane L. Drain
Diane L. Drain
Answered
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: It depends on several factors, including the date of the debt, any extension, if there was fraud, if the taxes were trust fund, whether there is an agreement in place with the IRS. Before you decide your options make sure to talk to an experienced bankruptcy attorney, most offer free consultations.

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