Can I amend a discharged chapter 7 bankruptcy? 14 Answers as of June 25, 2014

I filed bankruptcy after a divorce and I had lost my job for a short time. At the time I owed state and federal taxes. I still owe taxes and a garnishment is about to be placed. Can I amend my returns to include these taxes or do I have to file another bankruptcy.

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Ronald K. Nims LLC | Ronald K. Nims
If you had outstanding taxes when you filed bankruptcy and the taxes weren't discharged, then they won't be discharged in a new bankruptcy. You need to contact the IRS and work out installment payments.
Answer Applies to: Ohio
Replied: 6/25/2014
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
If the debts were in existence when you previously applied for bankruptcy, you can ask the court to reopen the case so that you can include the debts. However, taxes are not normally dischargeable in chapter 7 cases.
Answer Applies to: Texas
Replied: 6/25/2014
Moore Taylor Law Firm, P.A.
Moore Taylor Law Firm, P.A. | Jane Downey
If you filed a 13 and noticed the tax people they should file a claim but check.
Answer Applies to: South Carolina
Replied: 6/25/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Confusing question. Did you mean to ask whether you can amend your filed bankruptcy petition? As long as the case is open you can amend any of the schedules by filing and serving upon Trustee and US Trustee an Amendment Cover page and the amended schedules. If the underlying question is whether the past due income taxes are dischargeable the answer depends on some additional undisclosed facts. Discuss this with your bankruptcy attorney. If you don't have one, get a consultation as soon as possible. When there are past due income taxes involved, the actual date of when a debtor files their bankruptcy case under some circumstances CAN make a difference. A tax transcript, which can be obtained for each and every year the income taxes are owed, provides some key facts: date when the filed return was received by the tax authority, date when tax was assessed (including any additional taxes), whether liens have been placed against your property.
Answer Applies to: California
Replied: 6/25/2014
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
Your questions are not making a lot of sense to me. Do you have reason to file amended tax returns? If yes, then you should do that. The bankruptcy case has no bearing on what your tax returns show you owe. The only questions would be as far as timing goes, when the tax returns were filed and when the bankruptcy case was filed. Most income taxes are NOT dischargeable in bankruptcy. Since you did not include any dates or years it is impossible to know whether you are yet entitled to file another bankruptcy case and receive a discharge or, whether the taxes you are asking about would be dischargeable in the first place. You should probably take all your paperwork and schedule an initial consultation with either a bankruptcy lawyer or a tax specialist in order to get reliable information and answers.
Answer Applies to: Colorado
Replied: 6/25/2014
    Danville Law Group | Scott Jordan
    Is your bankruptcy still open? The law requires that you list all of your debts (including debts) and all of your assets. It is possible that some of your taxes are dischargeable in bankruptcy. But I would need more information to make that determination.
    Answer Applies to: California
    Replied: 6/25/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It would sort of help to know what years the taxes are for, what kinds of taxes you owe, and in what year you filed bankruptcy. Without any information about your situation, I would have to play EINEY MEENEY MINEY MO to give you even a bad answer.
    Answer Applies to: Nevada
    Replied: 6/25/2014
    Idaho Bankruptcy Law | Paul Ross
    Only debts owed at the time of filing are included in a bankruptcy. Debts incurred afterward cannot be included. You would either need to pay the debts or file another bankruptcy, but I am assuming you are within a short time of your bankruptcy. That would likely mean you could not obtain a discharge of your debts, but the tax debts would be paid in full. Further, even if a 7 was available to you, the tax debts would not likely be dischargeable.
    Answer Applies to: Idaho
    Replied: 6/25/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    I'm sorry but it is not clear from what you are saying, are now in a bankruptcy? If so and the taxes were incurred before you filed, then the bankruptcy documents can be amended. But income taxes are generally not dischargeable, unless some very specific criteria is met. If you not in a bankruptcy now, whether or not you can file again and whether or not there is any point to it, depends on many factors. Make an appointment with a bankruptcy attorney and see what they have to tell you.
    Answer Applies to: Michigan
    Replied: 6/25/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    There are specific rules about when a tax is dischargeable / the filing date determines their dischargeability. Get tax transcripts for the years involved and take them to a lawyer.
    Answer Applies to: California
    Replied: 6/25/2014
    Porter Law Network | Karen Porter
    You cannot amend a closed bankruptcy case to add tax debt. If you received a discharge, there are types of taxes that cannot be discharged. The type of second bankruptcy you can file will depend on many factors. Was the first case a chapter 7 or a chapter 13? How long ago was the first case filed and did you receive a discharge. You should contact an attorney to figure out your options.
    Answer Applies to: Illinois
    Replied: 6/25/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If the taxes were old enough to even be dischargeable when you filed bankruptcy then you can re open your old bankruptcy case. To file a new case if it has been 8 years since you have filed would only work if the taxes were old.
    Answer Applies to: New York
    Replied: 6/25/2014
    Hoang & Tran PLLC | Adam Tran
    I am not a tax attorney, but I believe that a CPA or tax-accountant should be able to amend your taxes from the last three years.
    Answer Applies to: Texas
    Replied: 6/25/2014
    Law Office of Andrew Oostdyk
    Law Office of Andrew Oostdyk | Andrew Oostdyk
    More information is needed to analyze your situation. When did you file the tax returns? For what years did you file? When did you file Bankruptcy? Chapter 7 or 13? Did you receive an Order of Discharge? Taxes can only be discharged in a bankruptcy if they are from more than 3 years ago and have been filed for at least two years. That being said you may be able to file a chapter 13 bankruptcy to stop the garnishment and create a plan to become current on your taxes. Most bankruptcy attorneys offer a free consultation to discuss your situation and determine if bankruptcy can help you.
    Answer Applies to: Texas
    Replied: 6/25/2014
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