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Texas Bankruptcy Lawyers on Taxes
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. Any creditor, creditor's lawyer, trustee, or
the court on it's own motion, may object to the discharge of taxes owed to federal state or local taxing
authorities.
Texas Bankruptcy Lawyers In Practice
Only taxes which were declared, due, and payable more than two years before filing Texas bankruptcy are
dischargeable. Any deviation from full disclosure will prevent discharge. In practice, expect liens to attach
before the expiration of two years. Lawyer's motions cause delays, and frequently require determination by the
court long after the expiration of the two year limitation. long after, but the limitation period for taxes is
tolled while the case is pending. Tax liens will be enforced against specific property regardless of filing.
All debtors and their attorneys have questions about current laws.
Board certified consumer bankruptcy specialists in Texas refer to the
Code regularly, as well as review slip opinions of new case decisions as
they become available. The process is organic, in that the law,
benefits, rights and duties of debtors changes in response to the
current political environment, and in turn, require a constantly
changing approach in court to gain favor. Also be aware, each debtor and
their attorney are responsible for legal compliance with all Texas
bankruptcy laws regardless of actual knowledge of recent changes. For
this reason, debtors filing pro se seldom achieve the results as
favorable as debtors who are represented by a qualified consumer
specialists who is familiar with current changes and requirements.
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