How soon can I file a chapter 7 after discharge from chapter 12? 16 Answers as of August 19, 2013

I was recently discharged from chapter 13 bankruptcy and now I'm hit with enormous amount of state and federal taxes to pay.

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
You can file immediately but are not entitled to a discharge. Most taxes are not dischargeable anyway so why do you want to file a chapter 7? Sounds like you need a chapter 13
Answer Applies to: New York
Replied: 8/19/2013
Colorado Legal Solutions
Colorado Legal Solutions | Stephen Harkess
Talk to a bankruptcy attorney. It is likely that your taxes cannot be discharged in Chapter 7. You may be able to force a payment plan in a new Chapter 13.
Answer Applies to: Colorado
Replied: 8/16/2013
Stephens Gourley & Bywater | David A. Stephens
8 years to file chapter 7. Chapter 7 typically does not discharge taxes unless they are older.
Answer Applies to: Nevada
Replied: 8/16/2013
Law Office of Thomas C. Phipps | Thomas C Phipps
A chapter 7 won't do you any good. Taxes are not dischargeable in a bankruptcy.
Answer Applies to: Missouri
Replied: 8/15/2013
DeMars, Gordon, Olson, Zalewski & Wynner
DeMars, Gordon, Olson, Zalewski & Wynner | Matt Jenkins
Chapter 7 is only advisable in dealing with tax debt if it has been assessed more than two years ago and the tax year is older than three years (the time period is likely to have been tolled while you were in bankruptcy). There are various exceptions to this, so you'd want to speak directly with an attorney to navigate the process. Generally a chapter 13 is the best way to deal with "newer" tax debt.
Answer Applies to: Nebraska
Replied: 8/15/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    A Chapter 7 will not help you with tax debt. You will need to go into another Chapter 13 to pay off these debts in most instances. You can file a Chapter 13 once your Chapter 7 case is closed.
    Answer Applies to: Nevada
    Replied: 8/15/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can file a 100% chapter 13 case now, which would give you 60 months to pay.
    Answer Applies to: California
    Replied: 8/15/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    8 years.
    Answer Applies to: New York
    Replied: 8/15/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    You should see an attorney. Chapter 7 won't necessarily help you with your taxes. How soon you can file a 7 depends on how much you paid through your 13 to unsecured creditors. 70% or more and you can file anytime. Less than that you may need to wait 6 years. Another 13 can be filed immediately but you may/may not get a discharge of debts depending on how much you paid in your previous case.
    Answer Applies to: Wisconsin
    Replied: 8/15/2013
    Mark S Cherry, Attorney at Law, PC
    Mark S Cherry, Attorney at Law, PC | Mark Cherry
    Many taxes are not dischargable in bankruptcy such as "Trust Funds" . A chapter 7 may not be the solution even if you can file.
    Answer Applies to: New Jersey
    Replied: 8/15/2013
    Law Offices of David A. Tilem | Michael Avanesian
    You should consult with one of us to see when/if you should file. Discharging taxes have special rules which makes Chapter 7 very dangerous for the unaware attorney.
    Answer Applies to: California
    Replied: 8/15/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You will be eligible to file a new chapter 7 case once six years have passed from the filing date if the previous chapter 13 case.
    Answer Applies to: Colorado
    Replied: 8/14/2013
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    That really depends upon how much you paid in the Chapter 13. If you paid 70% or more, there is one rule. If less, another one. In all probability the taxes will not be dischargeable in a 7 so you should really consider another 13.
    Answer Applies to: Washington
    Replied: 8/14/2013
    Scott Goldstein | Scott Goldstein
    That would be 6 years.
    Answer Applies to: New Jersey
    Replied: 8/14/2013
    Idaho Bankruptcy Law | Paul Ross
    Six years from the date of filing of the Chapter 13 you can file a Chapter 7. It is the filing date of the 13 that matters, not the discharge date.
    Answer Applies to: Idaho
    Replied: 8/14/2013
    Moffa & Bonacquisti, P.A.
    Moffa & Bonacquisti, P.A. | John A. Moffa
    That doesn't make any sense. Where did the taxes come from?
    Answer Applies to: Florida
    Replied: 8/14/2013
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