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Corporations, partnerships, and Limited Liability Companies (LLCs) do not receive a discharge under Chapter 7. However, few or no assets may be available for the collection of tax liabilities not paid by the bankruptcy estate. A bankruptcy discharge does not extinguish any attachment of the statutory federal tax lien.
However, each of your creditors must file a proof of claim (described below) within a certain time to prove how much you owe. If a creditor fails to do so, then the bankruptcy trustee will not make any payments to that creditor. In some cases, lack of a proof of claim may benefit you.
Most bankruptcy cases pass through the bankruptcy process with little objection by creditors. Because the bankruptcy system is encoded into U.S. law and companies can prepare for some debts to discharge through it, creditors usually accept discharge and generally have little standing to contest it.
Nondischargeable Debts are debts that cannot be extinguished in bankruptcy. As a threshold matter, regardless of the type of bankruptcy, 11 U.S.C.
Debts not discharged include debts for alimony and child support, certain taxes, debts for certain educational benefit overpayments or loans made or guaranteed by a governmental unit, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal ...
You will be able to get rid of your tax debts in Chapter 7 bankruptcy if you meet the following requirements: The taxes are income-based. Income taxes are the only kind of debt that Chapter 7 is able to discharge. The tax debt must be for federal or state income taxes or taxes on gross receipts.
Secured creditors generally get priority, while unsecured creditors are paid pro-rata on their claims. The intent of Chapter 7 is to give the debtor a ?fresh start? and for the creditors to recover as much as they otherwise would've been able to under non-bankruptcy law.