Expert: Terry Leeders - 3/4/2009

Question
My husband & I filed chapter 7 in 3/07 and were discharged in 7/07. We reside in Kansas.My husband had a debt for the Indiana Dept of Revenue from 1991 that we listed on our schedule E.  We are now getting calls from a collection agency about this debt.  Isn't this debt discharged because it is older than 3 years old?

Answer
if the debt was filed on time, accurate and complete and over 3 years old when the bk was filed, and is income tax, then it is dischargeable.  If it was late filed, corrected, adjusted etc more than 2 years before bk, and is 3 yrs old then it is dischargeable.  If it is sales tax or other tax, it is not dischargeable.  Contact the state to confirm that they got the bankruptcy notice.