Bankruptcy and Taxes

[sybo32]

What is the name of your state? Maryland

I recently filed for, and discharged from, Chapter 7 bankruptcy and both school loans and taxes were included.

When I appeared for the discharge hearing, I was asked a couple questions about the taxes (i.e., was I able to pay, etc.). The trustee did not mention that these were or were not dischargeable. My question is that since NONE of my creditors appeared (including the IRS or the Student Loan agency) NOR did they contest the bankruptcy at any time, were these things included in the BK discharge? I'm asking because this year I have a refund on my taxes and wasn't sure if I'd get it or if it would be applied to what I owed BEFORE the BK discharge.

Thanks!

 

[Ladynred]

When did you file and when was your discharge ?? Did you have a lawyer ?

Student loans are NOT dischargeable in bankruptcy and those creditors don't show up or object because they KNOW the loans are not dischargable. You are still liable for them and are obligated to pay them.

The taxes may or may not have been discharged. Taxes owed on FILED tax returns may be dischargeable if they are 3 or more years old. Anything less than 3 years old and you're still stuck with them.

As for this year's refund, if the Trustee didn't tell you he wanted the refund at your 341 meeting, then you might be able to keep it, but it does NOT get applied to your debts unless the Trustee takes it.