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Expert: - 6/22/2008


Question
QUESTION: I need to know what date or even year we filled bankruptcy. We think it was in or around 2000. I now received a bill from CA State tax for the year 1990. Do you think I will have to pay it? My bankruptcy lawyer died last year.

ANSWER: You can easily get your filing date and case number by running a credit report on yourself. It stays on your credit for 10 years.

Regardless of your filing date, I suggest you call the Franchise Tax Board, and tell them that you believe the taxes were discharged in your bankruptcy. They will probably show it on their records. If they feel the taxes were not eligible to be discharged, they should tell you the reason.

Just so you know, here is an explanation of the rule regarding discharging taxes in bankruptcy:

Income taxes will discharge if all of the following criteria are met:


1.  The taxes are more than three years old at the time the Bankruptcy was filed. (The three-year period begins to run from the time the returns were due, plus any periods of extension.);

2.  If the return was not filed on time, more than two years has expired prior to filing bankruptcy since the return was filed;

3.  If there was an assessment, more than 240 days have expired from the date of the assessment prior to the BK filing; there is no lien on any property which you intend to keep, because discharging the tax does not automatically remove a lien.




---------- FOLLOW-UP ----------

QUESTION: Thanks, I did re-fi back in 12-07 and that is how I found out about it but neither the lender nor I have been able to get a hold of anyone at The State Franchise Board. It just say's, "Call back at a different time." and then disconnects you. That is after pressing numerous buttons to get to the Computer Voice. It doesn't give the date of dis-charge or even the year?? Someone said to call the Court House but way back then we were a merged County. So I was wondering if I look it up on the internet for free some where ??

Answer
You can get a free credit on line report in a few minutes at www.annualcreditreport.com and I think you will find the bankruptcy case info on the credit report.

The county court house does not keep Federal Bankruptcy Court records, because they are not the same branch of government.

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Los Angeles Bankruptcy Lawyer Leon D. Bayer

Expertise

Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/

Experience

Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.

Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.

Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.


Education/Credentials
B.A., J.D.

Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000

MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.

Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.

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