Yes. The interplay of the tax codes and the Bankruptcy Code is complex, but in somewhat oversimplified terms, if a tax return creating a tax debt was filed more than three years before the filing of the Chapter 7 petition, the tax debt can be discharged. Stated another way, if a Chapter 7 petition is filed within three years of the filing of the tax return creating the tax debt, the tax debt cannot be discharged, and the Debtor will still owe the taxing entity when the Chapter 7 is completed. Certain taxes, such as employer withholding taxes, will not be forgiven, however, even if they are older than three years, and if you have not filed your income tax returns, even older taxes may not be forgiven. Even then, however, a Chapter 13 filing can allow more time to pay in accordance with a plan, without additional penalties and interest to accrue.
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Drose Law Firm
3955 Faber Place
N.Charleston, SC 29405
1705 Richland St.
Columbia, SC 29201
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