Question re taxes that were not listed in previously discharged Ch 7
Posted: Sun Jul 20, 2014 11:46 am
If it's a no-asset case, failure to notice in the original case does not prejudice anyone. Is the IRS trying to collect? If so, call the revenue officer and make him/her aware of the discharge. If not, mail a copy of the discharge and the debtor's SSN to the IRS at its centralized insolvency address in Philadelphia. http://www.irs.gov/irm/part5/irm_05-009-011.html
- John D. Faucher
818/889-8080
On Sunday, July 20, 2014 9:40 AM, "Michael Manning mike@manninglawoffice.com [cdcbaa]" wrote:
Hello all,
A prospective client came to us with some tax issues and it turns out he had received a Ch 7 discharge about 2 years ago. I havent reviewed the taxes yet for BK purposes but it does appear that some of them would have qualified for a discharge at the time the Ch 7 was filed.
Assuming that some of these taxes would have been eligible for discharge at the time the Ch 7 was filed would the debtor need to:
(1) file a motion to re-open the Ch 7 and list the taxes that were eligible for discharge; or
(2) is the discharge automatic given that it was a no asset Ch 7 and the IRS simply needs to be notified of the discharge?
I would love to get your thoughts on this.
Thanks
Mike Manning
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