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Bankruptcy and Taxes

Can Bankruptcy Do Anything
About the Taxes I Owe?

Claiming more exemptions to reduce taxes is a common strategy used by people who are trying to avoid bankruptcy. Unfortunately, this is also one of the best ways to put yourself on bad terms with the biggest, baddest creditor on the block — the IRS.

If you're considering bankruptcy and have been paying less on your taxes to cover other debts on a monthly basis — or you haven't been filing returns because you can't afford to pay the IRS what you owe — the time to talk to an attorney is now.

At Prescott & Pearson, P.A., you'll find the answers and experienced legal help you need to tackle today's financial problems — even if those problems involve the IRS. We have handled over 70,000 consumer and small business bankruptcy cases in Minnesota. In fact, this is all we do. And more importantly, it's something we've been doing well for more than 35 years.

Learn more about bankruptcy, taxes and your debt relief options by calling or contacting our offices for a free consultation today.

Bankruptcy and Taxes

In a Chapter 7 bankruptcy, most people can discharge income tax debts that are more than three years old from the date they should have been filed — provided tax returns were actually filed for those taxes more than two years ago and there has been no recent assessment of additional taxed owed.  Chapter 7 will not allow you to discharge taxes that are less than three years old, business taxes, sales taxes or payroll taxes.

If Chapter 7 isn't an option Chapter 13 may be a better option — your tax debts can be included in your repayment plan.

Filing bankruptcy has important benefits with regard to taxes:

  • Number one: The automatic stay means that the IRS has to cease any collection efforts pending against you.
  • Number two, new penalties or interest will not accumulate during your Chapter 13 repayment plan in most cases.

"This Is All We Do and We Do It Well."

Minneapolis-St. Paul: 651-968-8096 / Statewide Toll-Free: 888-366-0827

For answers to any other questions about bankruptcy and taxes — don't hesitate to call or contact our lawyers in the Twin Cities area for a free consultation.

Upcoming Seminars

  • May 20 th 2010
    Realtor Speaker Series:
    Short Sale/Foreclosure Discussion and Bankruptcy Q&A
  • April 6 th, 2010
    Minnesota State Bar CLE
    Consumer Bankruptcy Basics; Client Interview and Pre-Petition Advice
  • October 6 th, 2009
    Minnesota State Bar Association CLE and the Bankruptcy Section of the MSBA
    2009 Bankruptcy Institute: Bankruptcy 101; Bailout of the Financially Distressed Individual Debtor
  • August 19 th, 2009
    February 26, 2009 and June 16, 2008: Minnesota State Bar Association CLE Consumer Bankruptcy Basics; Client Interview and Pre-Petition Advice
  • December 18 th, 2007
    Minnesota State Bar Association CLE
    Bankruptcy Series: Reaffirmations
  • October 6 th, 2006
    Minnesota State Bar Associations CLE and the Bankruptcy Section of the MSBA
    2006 Bankruptcy Institute: Chapter 7 issues under the New Act
  • May 8 th, 2006
    Minnesota State Bar Association CLE
    Bankruptcy Reform 2006: Means Testing: Debtor's Perspective
  • June 20 th, 2005
    Minnesota State Bar Association CLE
    Bankruptcy Reform 2005; Professionalism in Consumer Bankruptcy Practice, Means Testing: Debtor's Perspective, Changes in Exemptions
  • September 12 th, 2005
    Minnesota State Bar Association CLE and the Bankruptcy Section of the MSBA
    2005 Bankruptcy Institute: Chapter 7 Bankruptcy Reform and the Everyday Practitioner
  • September 23 rd, 2004
    Minnesota State Bar Association CLE and the Bankruptcy Section of the MSBA
    2004 Bankruptcy Institute: Getting Paid in Bankruptcy Cases
  • March 9 th, 2004
    Minnesota State Bar Association CLE
    Bankruptcy Basics: Initial Interview and Pre-Petition Advice

Contact Us

Prescott & Pearson, P.A.
443 Old Highway 8 Northwest
Suite 208
New Brighton, MN 55112
Phone: 651-968-8096
Toll Free: 888-366-0827
Fax: 651-633-7562
E-Mail Us / Get Driving Directions

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