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Do I Have to Include All My Debt in Bankruptcy? – Michael

“Dear Lewis,

I’m on a fixed income being on disability and can’t aford to pay off the items on my credit report.

Can I file on my entire credit report, including my IRS fines?


Dear Michael,

That is a common misconception in bankruptcy – that one can file on certain debts, but not others.

You must list ALL debts in bankruptcy, as well as all assets. But depending on the nature of the debt, some debts are wiped away, some debts cannot be discharged, and some debts can be reaffirmed.

In most cases, unsecured debts are wiped away (credit cards), IRS debts are usually not dischargeable, and most people keep their secured debts (like mortgages and car payments).

Without much more information, there is no way to determine if your IRS debts are dischargeable. This requires careful planing and involves inspecting your IRS transcripts for careful computation of time periods.

You must see a bankruptcy attorney if you are attempting to discharge IRS debt.

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

If you have a bankruptcy question you’d like to ask just use the online form.

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About Lewis Roberts

Lewis Roberts
Florida Consumer Protection Attorney

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