Discharge or Non Dischargable, That Is the Question!





It often happens that for one reason or another you owe back taxes. The IRS can be relentless in their pursuit for payment. It may seem like filing for Bankruptcy would get the tax man off your back, but this is not necessarily the case. The Franchise Tax Board and the Internal Revenue Service really don't like to lose money.

"The only thing certain is death and taxes" -Ben Franklin.

How you can tell if your tax debt is likely to be discharged with a Chapter 7 bankruptcy? Here is a good rule of thumb. If you tax debt is more than 4 years old and was filed accurately and on time then those debts might be dischargable. The final say is still given to the IRS or Franchise Tax Board. In conclusion, some tax debt is sometimes dischargable -sometimes.

The Cost of an Education

Student loans are never dischargable. If a loan was granted for the purposes of education then currently that debt can not be discharged. Under any circumstance. I say currently because our good President Obama has put in motion some changes that may help the next group of broke -but educated- post graduates. The Wall Street Journal recently reported that student loan debt has now surpassed credit card debt. One can only hope that soon a person struggling for financial freedom will be able to discharge these debts also.

Support Payments

Child Support and Spousal Support are never discharged with bankruptcy. Unless you can prove that you do not owe those debts, they are yours to pay. The law specifically states that all debts "to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child..." will not be discharged in bankruptcy.

ABOUT THE AUTHOR: Steve Diamond
Steven J. Diamond graduated from John Marshall Law School in 1992 and has since dedicated his practice to protecting consumers and their rights. He resides in San Diego with his wife, three kids, two dogs and one cat. Steven is also heavily involved with Ramona Pony Baseball. He is a Travel baseball coach and National Travel Baseball Advisor.

Copyright Chang & Diamond, APC
More information about

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.



Find a Local Lawyer