Are Tax Aspects Determinative In Chapter 7?

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Before filing any case, all tax returns must be filed for prior years. Without proof of filing, cases will be dismissed. Additionally, be aware that taxing authorities receive notice of Chapter 7 filings automatically, so that each debtor, in effect, gives notice to all federal, state, and local tax departments of the intent to discharge tax debts.

The ramification of this tax aspect begins an aggressive review of government rights, and few debtors actually discharge past due taxes. The rules for discharging taxes are complex, and at a minimum, require that all taxes must be declared through a return for more than 5 years. In practice, most agencies begin collection, levies and seizures long before the expiration date for dischargeability.