- 21 - discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed whether the debt was included in the schedules or omitted from them. * * * Debts That are Not Discharged Some of the common debts which are not discharged in a chapter 7 bankruptcy case are. a. Debts for most taxes;[8] * * * * * * * This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Any party may request reopening of a bankruptcy case to determine whether a particular debt was included within the scope of the discharge. * * * Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. On March 2, 1999, petitioner filed a motion to dismiss in this case. By order dated March 27, 2000, we (1) lifted the stay of the proceedings in this case, effective as of the February 8, 1999, date of the Bankruptcy Court’s order of discharge and (2) denied petitioner’s motion to dismiss. The March 27, 2000, order denying petitioners’ motion to dismiss cited our decision in Freytag v. Commissioner, 110 T.C. 35, 40-41 (1998), and stated that, when a Bankruptcy Court exercises its jurisdiction to determine a taxpayer’s income tax liabilities, its decision does 8See Sheinfeld et al., Collier On Bankruptcy Taxation, pars. TX4.02[1][iii], TX5.03[4] (1997).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011